Agenda 09/23/2008 Item #16D 4Item # 16D4
September 23, 2008
Page 1 of 72
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve two contract
renewals for two Master Agreements with the Area Agency on Aging for Southwest
Florida, Inc., relating to grants awarded to the Services for Seniors programs, authorize
the Chairman to sign the two renewals, and authorize the continued payment of grant
expenditures.
OBJECTIVE: To improve the quality of life and promote personal self - reliance and
independence for the community's growing senior population.
CONSIDERATIONS: Collier County Services for Seniors has been providing in -home support
services to Collier County's frail elderly for over 30 years through the Older Americans Act as
well as other State funded grant programs. These grants allow for the delivery of various services
to the County's frail elderly preventing premature and costly institutional placement.
The two Master Agreements must be renewed at this time for grant funding to continue. The
Master Agreements outline grantee requirements for administering all of the various grants.
Agreement 203.M107 (dated 12/31/06) refers to the Older Americans Act and agreement
203.M007 (dated 12/31/06) relates to all State General Fund grant programs such as the
Community Care the Elderly program, Alzheimer's Disease Initiative and Home Care for the
Elderly. The agreements address such items as federal laws and regulations, civil rights
compliance, insurance requirements, audits, and the safeguarding the State computer network
system. All current and future grant contracts and renewals reference the two Master Agreements
as well as specify the individual grant contract amounts, effective date of the grant agreement,
method of payment, and any special provisions.
The renewals are retroactive to January 1, 2008 and continue through December 31, 2008. The
renewals must be approved retroactively to authorize the continued payment of grant
expenditures.
GROWTH MANAGEMENT: There is no growth management impact on this recommendation.
FISCAL IMPACT: There is no fiscal impact on this recommendation.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office and is legally sufficient for Board action. - CMG
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the two renewal agreements, authorize the Chairman to sign the renewals, and authorize the
continued payment of grant expenditures.
Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department
Item # 16D4
September 23, 2008
Page 2 of 72
Recommendation for the Board of County Commissioners to approve two contract renewals for
two Master Agreements with the Area Agency on Aging for Southwest Florida, Inc., relating to
grants awarded to the Services for Seniors programs, authorize the Chairman to sign the two
renewals, and authorize the continued payment of grant expenditures.
Prepared By:
Department
Housing and Human Services
Approved By:
Department Approval
Office of
Management Approved
and Budget
ATTACHMENTS:
Name:
D exec summary master
2007 renewal.doc
D Area Agency on Aging
Contract Renewal OAA .p off
D Area Agency. on Aging
Contract Renewal GR pdf
D OAA 2007_ Fully exe
203M 107 OAA.pdf
D CCE 2007 Fully axe
20310007 GR,pdf
Description:
Date
9/17/2008 11:48:43 AM
Date
9/17/2008 3:40 PM
Type:
Executive Summary for Master Agreement Renewals Executive Summary
Master Agreement Renewal for Older Americans Act 203.M107 Agreement
Master Agreement Reneal for State OR Programs 203.M007 Agreement
Original Master Agreement for OAA 203.M107 Backup Material
Original Master Agreement for State OR 203.10007 Backup Material
Contract Renewal OAA
Item # 16D4
September 23, 2008
Page 3 of 72
OAA Master Contract No, 203.M107
STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
CONTRACT RENEWAL FORM
THIS CONTRACT RENEWAL is entered into by and between the Area Agency on Aging for Southwest
Florida, Inc., hereinafter referred to as the "agency" and the Collier County Board of Commissioners,
hereinafter referred to as the "recipient."
In accordance with contract 203.M107, the agency exercises its option to renew the contract if mutually
agreed to by both parties. This renewal will begin on January 1. 2008 and end on December 31 2008.
All terms and conditions of the original contract and any supplements and amendments thereto shall remain
in force and effect for this renewal.
IN WITNESS THEREOF, the parties hereto have caused this I page contract to be executed by their
undersigned officials as duly authorized.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
�`.-1 al sufficiency
Assistant County Attorney
FEDERAL ID NUMBER: 59- 6000558
FISCAL YEAR -END DATE: 9/30
COLLIER COUNTY HOUSING AND
HUMAN SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Date:
AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA
By:
ROBERT D. JOHNSON
BOARD PRESIDENT
Date:
Item # 16D4
September 23, 2008
Page 4 of 72
Contract Renewal GR GR Master Contract No. 203.M007
STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
CONTRACT RENEWAL FORM
THIS CONTRACT RENEWAL is entered into by and between the Area Agency on Aging for Southwest
Florida, Inc., hereinafter referred to as the "agency" and the Collier County Board of Commissioners
hereinafter referred to as the "recipient."
In accordance with contract 203.M007, the agency exercises its option to renew the contract if mutually
agreed to by both parties. This renewal will begin on January 1, 2008 and end on December 31, 2008.
All terms and conditions of the original contract and any supplements and amendments thereto shall remain
in force and effect for this renewal.
IN WITNESS THEREOF, the parties hereto have caused this 1 page contract to be executed by their
undersigned officials as duly authorized.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency
sistant County Attorney
FEDERAL ID NUMBER: 59- 6000558
FISCAL YEAR -END DATE: 9/30
COLLIER COUNTY HOUSING AND
HUMAN SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Date:
AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA
Date:
2007 OAA
Item # 16D4
Master Contrace�23, 2008
ag
° STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
MASTER CONTRACT FOR
OLDER AMERICANS ACT PROGRAMS
THIS MASTER CONTRACT is entered into this 31st day of December 2006 , by and between the
Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency" and the Collier Counri
Services for Seniors, hereinafter referred to as the "contractor." The terms contractor and subcontractor are deemed
to have the same meaning and definition as the terms recipient and subrecipient as defined in OMB Circular A-
133, are interchangeable, and have the same force and effect.
This contract is the successor to Master Agreement Number IIIv1004, entitled State of Florida, Department of Elder
Affairs, Master Agreement.
This contract will become binding on January 1, 2007, or upon full execution of this contract, whichever is the
later date, and shall end on December 31, 2007. This contract can be renewed for an additional one (1) year term
by agreement of the parties. All agreements and/or contracts executed between the contractor and the agency shall
be subject to the conditions set forth in this contract for the duration of the contract period(s). Any and all
agreements and/or contracts executed between the contractor and the agency during the effective period of this
contract will incorporate this contract by reference and shall be governed in accordance with the applicable laws,
statutes, and other conditions set forth in this contract.
I. Scope of Services:
The contractor agrees to provide the services specified in each agreement and/or contract with the agency
that reference this master contract during the period this contract is in effect.
The contractor agrees that this master contract covers all services provided by the contractor under
agreements and/or contracts with the agency that reference this master contract.
IL Independent Contractor:
The contractor will be acting in its independent capacity and not as an employee, agent or representative of
the agency. The contractor shall not be deemed or construed to be an employee, agent or representative of
the agency for any purpose whatsoever. Nothing contained in this contract is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer /employee between the
parties.
The contractor shall be responsible for the work under this contract, including the work of any
subcontractor it may utilize.
M. Payment Requirements:
The contractor agrees to submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre audit and post audit thereof. The contractor shall comply with the particular
requirements under the following laws and guidelines that are applicable to the agreements and/or
contracts covered under this contract: (a) paragraph (16) (b) of section 216.181, F.S., regarding advances;
(b) paragraph 69I- 40.103 F.A.C. pertaining to Restriction of Expenditures from state funds; and, (c) the
Contract Payment Requirements sub - section of section C of the Reference Guide for State Expenditures
from the Department of Financial Services (http: / /www.fldfs.com/aadir /reference %5Fguiden. The
contractor certifies that detailed documentation is available to support each item on the itemized invoice or
2007 CAA
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Master Contra4a9�p23, 2008
payment request for cost reimbursed expenses, fixed rate or deliverables contracts, including paid
subcontractor invoices, and will be produced upon request by the agency. The contractor further certifies
that reimbursement requested is only for allowable expenses as defined in the laws and guiding circulars
cited. Section IV. (State and Federal Laws and Regulations) of this contract, in the Reference Guide for
State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do
not exceed amounts budgeted in the agency's approved area plan and the service provider application as
developed in accordance with and pursuant to section 306(a) of the Older Americans Act of 1965, as
amended.
Contractor and subcontractors shall provide units of deliverables, including reports, findings, and drafts as
specified in the agreements and/or contracts and attachments covered by this contract, the area plan, and
the service provider application developed by the agency and contractor (pursuant to section 306(a) of the
Older Americans Act), to be received and accepted by the contract manager prior to payment.
IV. State and Federal Laws and Regulations:
The contractor shall:
Comply with the cost principles, administrative requirements, and other provisions of all applicable state
and federal laws and regulations including, but not limited to: the Older Americans Act of 1965, as
amended, sections 215.97 and 216.348, F.S., Title 45, Code of Federal Regulations (CFR), Part 74, and/or
45 CFR, Part 92 and Part 1321, and/or 48 CFR Part 31, and Office of Management and Budget (OMB)
Cost Principles 225 (A -87) and 230 (A -122), Federal Acquisition Regulation 31.2, Circulars A -133 and
A -102 and 2 CFR Part 215 and Part 215 (formerly OMB Circular A -110), whichever is applicable to the
contractor's organization.
Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act [42
United States Code (U.S.C.) 7401 et seq.], the U.S. Department of Labor, Occupational Safety and Health
Administration (OSHA) code, Title 29 CFR, Part 1910.1030, and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251 et seq.). The contractor shall report any violations of the above to the agency.
Prior to execution of this contract, complete the Certification Regarding Lobbying form, ATTACHMENT
I, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Agreements/Subagreements form, ATTACHMENT II. If a Disclosure of Lobbying Activities form,
Standard Form LLL, is required, it may be obtained from the agency's contract manager, and all disclosure
forms as required by the Certification Regarding Lobbying form must be completed and returned to the
agency with the signed contract.
Comply with section 112.061, F. S., and any policies of the agency regarding any and all business travel
pursuant to agreements covered by this contract (including use of the State approved Reimbursement of
Travel Expenses form, or an equivalent form developed by the contractor), and comply with the provisions
of Chapter 119, F.S., allowing public access to all public records made or received by the contractor in
conjunction with this contract and any agreements and/or contracts incorporating this contract by
reference. In addition, section 20.41(9), F.S., requires that all lead agencies are subject to Chapter 119,
F.S., relating to public records, and, when considering any agreements requiring the expenditure of funds,
are subject to section 286.011- 286.012, F.S., relating to public meetings.
Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the
contractor or subcontractors who ]mows, or has reasonable cause to suspect, that a child, aged person or
disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or
suspicion to the State of Florida's central abuse registry and traciang system on the statewide toll -free
telephone number (1- 800- 96ABUSE).
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Transportation Disadvantaged: If clients are to be transported under any agreements and/or contracts
incorporating this contract, comply with the provisions of Chapter 427, F.S., and Chapter 41 -2, F. A. C.
Use of Funds For Lobbying Prohibited: Comply with the provisions of section 216.347, F.S., Title 48
CFR, Part 31.205, or Title 45 CFR, Part 93, whichever is applicable, that prohibit the expenditures of
funds for the purpose of lobbying the Legislature, a judicial branch or a state agency.
Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use
or disclose any information concerning a client who receives services under agreements and/or contracts
incorporating this contract by reference or subsequent contracts for any purpose not in conformity with
state and federal regulations, except upon written consent of the client, or the client's authorized
representative.
H1PAA Compliance: If the contractor will receive client's protected health information as a result of this
contract, then the agency recognizes that agency and the contractor are `Business Associates" of each
other under the terms of the Health Insurance Portability Act (HIPAA) of 1996. Furthermore, the agency
and the contractor will enter into a Business Associate Agreement separate from this contract
Grievance and Appeal Procedures: Ensure through contract provisions that subcontractors and vendors
follow the Minimum Guidelines for Contractor Grievance Procedures, ATTACHMENT V, for handling
complaints from clients who complain service has been suspended, terminated or reduced. Contractors and
subcontractors will also establish their own complaint procedures for clients who are dissatisfied with or
denied services that include, at minimum, notice of the right to complain and to have their complaint
reviewed.
It is expressly understood that a fording that the contractor materially and substantially has not complied
with any of the provisions of this section shall constitute a breach of this contract.
V. Civil Rights Certification:
The contractor gives this assurance in consideration of and for the purpose of obtaining federal grants,
loans, awards, agreements (except agreements of insurance or guaranty), property, discounts, or other
federal financial assistance and also assures compliance with all federal, state and local regulations,
statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting
from state, federal, or local financial assistance, whichever apply. These include, but are not limited to:
(a) Executive Order 11246, `Equal Employment Opportunity," as amended by E.O. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at Title 41 CFR Part 60; (b) Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or
national origin; (c) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 -1683,
and 1685 -1686 et seq., which prohibits discrimination on the basis of sex in education programs; (d)
Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits
discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as amended, 42
U.S.C. 6101 et seq., which prohibits discrimination on the basis of age; and with any and all other
applicable regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to
the above statutes.
2. The contractor agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A
and B), if services are provided to consumers and if fifteen (15) or more persons are employed. For
contractors employing less than 15 persons, the agency requests completion of the Civil Rights
Compliance Questionnaire.
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3. The contractor agrees to establish procedures pursuant to federal law to handle complaints of
discrimination involving services or benefits through this contract. These procedures shall include
providing clients, employees, and participants of the right to file a complaint with the appropriate
federal or state entity.
These assurances are a condition of continued receipt of or benefit from federal financial assistance,
and are binding upon the contractor, its successors, transferees, and assignees for the period during
which such assistance is provided. The contractor further assures that all subcontractors, vendors, or
others with whom it arranges to provide services or benefits to participants or employees in connection
with any of its programs and activities are not discriminating against those participants or employees
in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to
comply, the contractor understands that the agency may, at its discretion, seek a court order requiring
compliance with the terms of this assurance or seek other appropriate judicial or administrative relief,
including but not limited to, termination of and denial of further assistance.
VI. Withholdings and Other Benefits:
The contractor is responsible for its employees Social Security and Income Tax withholdings.
VII. Indemnification:
If the contractor is a state or local governmental entity, pursuant to section 768.28(18), F.S., the provisions
of this section do not apply.
Contractor agrees to indemnify, defend, and hold harmless the agency and all of the agency's officers,
agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts,
actions, neglect or omission, action in bad faith, or violation of federal or state law by the contractor,
its agents, employees, or subcontractors in connection with the performance of all agreements and/or
contracts incorporating this contract by reference, whether direct or indirect, and whether to any
person or property to which the agency or said parties may be subject, except that the contractor will
not indemnify the agency or its officers, agents or employees for that portion of any loss or damages
proximately caused by the negligent or intentional act or omission of the agency or any of its officers,
agents, or employees.
2. Contractor's obligation to indemnify and defend shall be triggered on the seventh (7b) day following
the agency's notice of claim for indemnification to contractor. Contractor's inability to evaluate
liability or its evaluation of liability shall not excuse contractor's duty to defend and indemnify the
agency, within seven (7) calendar days following notice by the agency. Notice shall be given by
registered or certified mail, return receipt requested. Only an adjudication or judgment after the
highest appeal is exhausted specifically finding the contractor not liable shall excuse performance of
this provision by contractor. The contractor's obligations under this paragraph are contingent upon the
agency giving the contractor: (1) prompt written notice of any action or threatened action for which the
agency is seeking indemnification; (2) the opportunity to take over and settle or defend any such action
at the contractor's sole expense, and (3) assistance in defending the action at the contractor's sole
expense. The contractor shall not be liable for any cost, expense or compromise incurred or made by
the agency in any legal action without the contractors prior written consent, which shall not be
unreasonably withheld.
3. It is the intent and understanding of the parties that the contractor, or any of its subcontractors, are not
employees of the agency and shall not hold themselves out as employees or agents of the agency
without specific authorization from the agency. It is the further intent and understanding of the parties
that the agency does not control the employment practices of the contractor and shall not be liable for
2007 OAA
Item # 16D4
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any wage and hour, employment discrimination, or other labor and employment claims against the
contractor or its subcontractors.
VIII. Insurance and Bonding:
The contractor agrees to provide adequate liability insurance coverage on a comprehensive basis and
to hold such liability insurance at all times during the effective period of any and all agreements and/or
contracts incorporating this contract by reference. The contractor accepts full responsibility for
identifying and determining the type(s) and extent of liability insurance necessary to provide
reasonable financial protections for the contractor and the clients to be served under agreements and/or
contracts incorporating this contract by reference. Upon execution of each agreement and/or contract
covered under this contract, the contractor shall furnish the agency written verification supporting both
the determination and existence of such insurance coverage. Such coverage may be provided by a
self - insurance program established and operating under the laws of the state of Florida. The agency
reserves the right to require additional insurance where appropriate.
2. The contractor agrees to fumish an insurance bond from a responsible commercial insurance company
covering all officers, directors, employees and agents of the contractor authorized to handle funds
received or disbursed under all agreements and/or contracts incorporating this contract by reference in
an amount commensurate with the funds handled, the degree of risk as determined by the insurance
company and consistent with good business practices.
IX. Purchasing:
The contractor agrees to develop procurement procedures which are in accord with applicable state and/or
federal requirements, which encourage fair and open competition and which promote a diversity of
contractors and subcontractors for all services purchased pursuant to this contract.
The agency is committed to embracing diversity in the provision of services to Florida's elders and in
providing fair and equal opportunities for all qualified minority businesses in Florida. The contractor shall
report information to the agency on utilization of certified minority and non - certified minority
subcontractors and/or vendors receiving funds pursuant to all agreements and/or covered by this contract.
This report shall be submitted quarterly to the agency.
X. Sponsorship:
If the contractor sponsors a program financed partially by state funds or funds obtained from a contract
or agreement with the agency, in publicizing, advertising, or describing the sponsorship of the
program, state: "Sponsored by Area Agency on Aging for Southwest Florida. Inc. and the State of
Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words
"State of Florida, Department of Elder Affairs" shall appear in the same size letters or type as the name
of the organization in accordance with section 286.25, F.S., and if the department's and/or agency's
logo is incorporated, shall ensure that the current logo is used. This shall include, but is not limited to,
any correspondence or other writing, publication or broadcast that refers to such program.
2. The contractor shall not use the words "The State of Florida, Department of Elder Affairs" to indicate
sponsorship of a program otherwise financed unless specific authorization has been obtained by the
agency prior to use.
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XI. Public Entity Crime:
Denial or revocation of the right to transact business with public entities:
In compliance with the legislature's intent to restrict the ability of persons convicted of public entity
crimes to transact business with the agency, the contractor agrees that compliance with sections 287.017
and 287.133, F.S., is a condition of receipt or benefit from state or federal funds and it is binding upon the
contractor, its successors and transferees during the period of this contract. The contractor further assures
that the contractor, its officers, directors, senior management, partners, employees or agents have not been
convicted of any public entity crimes within the last 36 months. If the contractor or any of its officers or
directors is convicted of a public entity crime during the period of this contract, the contractor shall notify
the agency immediately. Noncompliance with this statute shall constitute a breach of this contract.
XH. Employment:
The contractor is a non - governmental organization, therefore, it is expressly understood and agreed the
contractor will not knowingly employ unauthorized alien workers. Such employment constitutes a
violation of the employment provisions as determined pursuant to the Immigration Nationality Act (INA),
Sec. 274A [8 U.S.C. s.I324a]. Violation of the employment provisions as determined pursuant to section
274A shall be grounds for unilateral cancellation of any and all agreements and/or contracts incorporating
this contract by reference.
XIII. Audits and Records:
The contractor agrees:
To maintain books, records, and documents (including electronic storage media) in accordance with
generally accepted accounting principles and practices that sufficiently and properly reflect all
revenues and expenditures of funds provided by the agency under all agreements and/or contacts
covered by this contract. The contractor agrees to maintain records, including paid invoices, payroll
registers, travel vouchers, copy logs, postage logs, time sheets, etc., as supporting documentation for
service cost reports and for administrative expenses itemized for reimbursement. Original
documentation will be made available upon request for monitoring and auditing purposes.
2. To assure these records shall be subject at all reasonable times to inspection, review, audit, or copy at
the expense of the contractor by state personnel and other personnel duly authorized by the agency, as
well as by state and federal personnel.
3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the
agency may require, pursuant to this contract and agreements or contracts incorporating this contract
by reference, within the period of this contract. Such reporting requirements must be reasonable given
the scope and purpose of the agreements and/or contracts incorporating this contract by reference.
4. To submit management, program, and client identifiable data, as specified by the agency, pursuant to
this contract and agreements or contracts incorporating this contract by reference. To assure, through
contract provisions in subcontracts with subcontractors, program specific data is recorded and
submitted in accordance with Department of Elder Affairs Client Information Registration and
Tracking System (CIRTS) Policy Guidelines.
5. To provide an independent financial and compliance audit to the agency as specified in
ATTACENIENT III and to ensure all related party transactions are disclosed to the auditor.
H
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6. To include these aforementioned audit and record keeping requirements, including ATTACZWNT
III, in all subcontracts and assignments.
7. The contractor agrees to provide client information and statistical data when requested by the agency.
8. To provide to the agency all fiscal information regarding services contracted to subcontractors
pursuant to this contract using an application provided by the agency.
XIV. Retention of Records:
The contractor shall retain all client records, financial records, supporting documents, statistical
records, and any other documents (including electronic storage media) pertinent to each agreement
and/or contract covered under this contract for a period of at least five (5) years after termination of the
agreement and/or contract, or if an audit has been initiated and audit findings have not been resolved at
the end of five (5) years, the records shall be retained at least until resolution of the audit findings.
These records may be subject to additional retention requirements set by law.
2. Persons duly authorized by the agency, department, and federal auditors, pursuant to Title 45 CM
Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said
records and documents during said retention period or as long as records are retained, whichever is
later.
XV. Monitoring and Incident Reporting:
1. The contractor will be subject to an annual monitoring by the agency. The contractor will provide
progress reports, including data reporting requirements as specified by the agency to be used for
monitoring progress or performance of the contractual services as specified in the area plan and the
service provider application.
2. The contractor will be responsible for implementing all corrective actions from previous and current
monitoring reports in a timely manner. The contractor must assign a high priority to the resolution of
monitoring findings and recommendations to ensure corrective action(s) addressing programmatic,
fiscal and/or operational deficiencies are fully and timely implemented.
3. The contractor will be responsible for at least one monitoring per year of its subcontractors. The
contractor will perform fiscal, administrative and programmatic monitoring of subcontractors to ensure
contractual compliance, fiscal accountability, programmatic performance, and compliance with
applicable state and federal laws and regulations. A copy of the monitoring report will be submitted
to the agency within 60 days of completion of the monitoring.
4. The contractor shall permit persons duly authorized by the agency to inspect any records, papers,
documents, facilities, goods and services of the contractor and subcontractors which are relevant to
agreements incorporating this contract by reference and to interview any clients and employees of the
contractor and subcontractors to be assured of satisfactory performance of the terms and conditions of
these agreement(s). The contractor's failure to correct or justify deficiencies within a reasonable time
as specified by the agency may result in the agency taking any of the actions identified in Section
XXIV (Enforcement) of this contract or the agency deeming the contractor's failure to be a breach of
this contract.
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2007 OAA Master ContracW."O 23, 2008
5. Extraordinary Reporting:
The contractor shall notify the contract manager for the agency immediately, but no later than within
24 hours, from the contractor's awareness or discovery of problems, delays or adverse conditions that
may materially affect or impair the subcontractor's ability to perform or meet contract requirements or
affect the health, safety or well -being of clients. The notice shall include a brief summary of the
problem(s), a statement of the action taken or contemplated, time frames for implementation, and any
assistance needed to resolve the situation. Examples of reportable conditions may include, but are not
limited to:
a. proposed client terminations;
b. service quality or service delivery problems; and/or client complaint trends;
c, contract non - compliance;
d. contractor or subcontractor financial concerns and/or difficulties.
The contractor must investigate allegations regarding falsification of client information, service records,
payment requests, and other related information. Substantiated allegations must be reported to the agency's
contract manager within 48 hours.
In the event that a situation results in the cessation of services by a subcontractor or vendor, the contractor
retains the responsibility for performance under agreements and/or contracts covered by this contract and
must follow their own procedures to ensure that clients continue receiving services without interruption, e.
g. exercising their emergency procurement procedures, temporary assumption of the direct provision of
services, etc.
All written reports required by this section shall be sent to the agency via registered mail to the applicable
contract manager unless otherwise advised.
XVI. Assignments and Subcontracts and/or Subagreements:
In the event the contractor utilizes subcontractors to provided services pursuant to this contract, such
subcontractors shall be subject to the conditions of this contract and the agreements and/or contracts
incorporating it by reference. This contract does not provide any rights to said subcontractor.
For every transaction, the contractor must determine if the subcontractor is a vendor rather than a
subcontractor, as defined in OMB Circular A -133, subpart B, section .210, and in section 215.97, F. S.,
and this determination must be documented in writing. When a vendor relationship is identified, an
agreement with all of the terms and conditions set forth in this contract is not required. However, a written
agreement and/or contract is required that outlines the terms of the agreement and/or contract, the goods
being purchased or services to be performed, and conditions for procurement, receipt and payment for
goods and services. Compliance for vendors is usually limited to these tasks unless the contractor chooses
to pass down program compliance to the vendor in the written agreement. The contractor is ultimately
responsible for assuring program compliance and performance, and any applicable conditions of this
contract and the agreements and/or contracts covered by it.
Unless otherwise stated in the contract between the contractor and the subcontractor, payments made by
the contractor to the subcontractor must be made within seven (7) working days after receipt by the
contractor of full or partial payments from the agency in accordance with section 287.0585, F.S.
Payments to vendors contracted by the contractor /subcontractors shall be made in accordance with the
terms as negotiated with the vendor(s). Failure to pay within these time frames may result in the agency
taking action as set forth in Section XXIII. (Enforcement) of this contract.
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2007 OAA Master Contracft 72 , 2008
XVH. Funding Obligations:
The agency acknowledges its obligation to pay the contractor for the performance of the contractor's
duties and responsibilities set forth in this contract and for the contractor's performance of other contracts
and/or agreements that incorporate this contract by reference.
The agency shall not be liable to the contractor for costs incurred or performance rendered unless such
costs and performances are strictly in accordance with the terms of an agreement and/or contract executed
between the contractor and the agency that incorporates this contract by reference, including but not
limited to terms, governing the contractor's promised performance and unit rates and/or reimbursement
capitations specified.
The agency shall not be liable to the contractor for any expenditures which are not allowable costs as
defined in the C.F.R., Title 45, Parts 74 and 92, as amended, or which expenditures have not been made in
accordance with all applicable state and federal rules.
The agency shall not be liable to the contractor for expenditures made in violation of regulations
promulgated under the Older Americans Act, as amended, or in violation of applicable state and federal
laws, rules, or provisions of this contract.
XVM. Return of Funds:
1. The contractor agrees to return to the agency any overpayments due to unearned funds or funds
disallowed pursuant to the terms of all agreements and/or contracts for which funds were disbursed to
the contractor by the agency.
a. The contractor shall return any overpayment to the agency within forty (40) calendar days after
either discovery by the contractor, or notification by the agency, of the overpayment.
b. In the event the contractor or its independent auditor discovers an overpayment has been made, the
contractor shall repay said overpayment within forty (40) calendar days without prior notification
from the agency. In the event the agency first discovers an overpayment has been made, the
agency will notify the contractor by letter of such a finding.
c. Overpayments to subcontractors due to unallowable or un- allocable expenses or to vendors or
subcontractors due to billing discrepancies must be returned to the contractor under the same terms
and conditions as this section. Information indicating subcontractors have been overpaid as a
result of over- budgeting on the unit cost methodology can be used by the contractor to negotiate
lower rates in'subsequent years. Continuous overpayment to subcontractors due to over budgeting
may result in a demand for repayment to the contractor or the agency under the same terms and
conditions of this section. Repayment received by the contractor must be reported to the agency
and may be either re- allocated to other subcontractors or returned to the agency, at the agency's
discretion.
d. Overpayments not returned to the agency in a timely manner will be subject to interest at the rate
established in section 55.03, F.S.
XIX. Data Integrity
Federal Grants Management requires that a contractor receiving state and federal funds must have a
financial management system, which is capable of providing accurate information for prescribed reporting
requirements. For the purposes of full disclosure of financial results for federally funded or state- sponsored
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programs and for accountability, those reporting requirements may necessitate that the contractor make
particular calculations and submit specific data.
Accordingly, the contractor must, prior to execution of this contract, complete the Data Integrity
Certification form, ATTACHMENT IV.
XX. Conflict of Interest:
The contractor will establish safeguards to prohibit employees, board members, management and
subcontractors from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain. No employee, officer or agent of the
contractor or subcontractor shall participate in selection, or in the award or administration of a contract
supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family;
(c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a
financial or other interest in the firm selected for award. The contractor or subcontractor's officers,
employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties to sub - agreements and/or subcontracts. The contractor's board
members and management must disclose to the agency any relationship which may be, or may be
perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or
placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the
commencement of this contract. The contractor's employees and subcontractors must make the same
disclosures described above to the contractor's board of directors. Compliance with this provision will be
monitored.
XXI. Contingency Plan:
In its service provider application, the contractor shall provide to the agency a contingency plan, undated
annually. The contingency plan shall set forth procedures to ensure services to clients will not be
interrupted or suspended in the event the contractor or its subcontractors are unable to perform its duties
under this contract or any agreement and/or contract incorporating this contract. The determination as to
whether the contractor is unable to perform its duties, thereby necessitating utilization of the contingency
plan, shall be made at the sole discretion of the agency.
XXH. Payment:
Pursuant to section 215.422, F.S., the agency shall make payment within 40 days, measured from the latter
of the date the Request for Payment is received or the goods or services are received, inspected and
approved. Requests for Payment returned to a vendor or a contractor due to preparation errors will result in
a payment delay. Invoice payment requirements do not start until a properly completed invoice is
provided to the agency.
XXIII. Vendor Ombudsman:
Contractors who may be experiencing problems in obtaining timely payment(s) from the agency may
contact the Vendor Ombudsman within the Department of Banking and Finance. Subcontractors and
vendors experiencing problems obtaining timely payment(s) from contractors may contact the agency's
contract manager at (239) 332 -4233.
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XXIV. Enforcement:
1. The agency may, without taking any intermediate measures available to it against the contractor,
rescind the contractor's designation as a lead agency, if the agency finds that:
a. an intentional or negligent act of the contractor has materially affected the health, welfare, or
safety of clients served pursuant to this contract, or substantially and negatively affected the
operation of services covered under this contract;
b. the contractor lacks financial stability sufficient to meet contractual obligations or that contractual
funds have been misappropriated;
c. the contractor has committed multiple or repeated violations of legal and regulatory standards,
regardless of whether such laws or regulations are enforced by the agency, or the contractor has
committed or repeated violations of agency standards;
d. the contractor has failed to continue the provision or expansion of services after the declaration of
a state of emergency; and/or
e. the contractor has failed to adhere to the terms of this contract or the terms of any agreement(s)
covered by this contract and incorporating it by reference.
2. In the alternative, the agency may, at its sole discretion, in accordance with section 430.04, F.S., take
immediate measures against the contractor, including; corrective action, unannounced special
monitoring, temporary assumption of the operation of one or more contractual services, placement of
the contractor on probationary status, imposing a moratorium on contractor action, imposing financial
penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S.
3. In making any determination under this provision the agency may rely upon the findings of another
state or federal agency, or other regulatory body. Any claims for damages for breach of this contract
are exempt from administrative proceedings and shall be brought before the appropriate entity in the
venue of Lee County. In the event the agency initiates action to rescind a lead agency's designation,
the agency shall follow the procedures set forth in 42 U.S.C. § 3025(b).
XXV. Termination:
Termination for Convenience
This contract and any other agreements incorporating it by reference may be terminated by either party
upon no less than sixty (60) calendar days notice, without cause, unless a lesser time is mutually
agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. In the event the contractor terminates an contract at will,
the contractor agrees to submit, at the time it serves notice of the intent to terminate, a plan which
identifies procedures to ensure services for clients pursuant to this contract or any subagreement will
not be interrupted or suspended by the termination. In the event that an contract between a contractor
and a subcontractor is terminated, the contractor shall require the subcontractor to submit to the
contractor and the agency, a similar plan ensuring services to clients will not be interrupted or
suspended by the termination.
2. Termination Because of Lack of Funds
In the event funds to finance any agreement(s) under this contract become unavailable, the agency may
terminate the affected agreement or agreements upon no less than twenty-four (24) hours notice in
writing to the contractor. Said notice shall be delivered by certified mail, return receipt requested, or
in person with proof of delivery. The agency shall be the final authority as to the availability of funds.
3. Termination for Breach
Unless the breach is waived by the agency in writing, or the contractor fails to cure the breach within
the time specified by the agency, the agency may, by written notice to the contractor, terminate any
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and all of the agreement(s) incorporating this contract by reference upon no less than twenty-four (24)
hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person
with proof of delivery. If applicable, the agency may employ the default provisions in section 60A-
1.006(3), F. A. C.. Waiver of breach of any provisions of any one agreement covered by this contract
shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification
of the terms of other agreements covered under this contract. The provisions herein do not limit either
parties' right to remedies at law or to damages of a legal or equitable nature.
XXVI. Notice and Contact:
1. The name, address and telephone number of the agency for this contract is:
Leigh Wade - Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
Phone; (239) 332.4233
2. The name, address and telephone number of the contractor for this contract is:
Marcy Krumbine, Director
Collier County Services for Seniors
3301 East Tamiami Trail H/211
Naples, Florida 34112
(239) 774 -8154 Fax(239)774 -3430
3. The name of the contact person, street address and telephone number where financial and
administrative records are maintained:
Marcy Krumbine, Director
Collier County Services for Seniors
3301 East Tamianv Trail H/211
Naples, Florida 34112
(239) 774 -8154 Fax(239)774 -3430
XXVIL Renegotiation or Modification:
Modifications of provisions of this contract and of any and all agreement(s) incorporating this
contract by reference shall only be valid when they have been reduced to writing and duly signed by
both parties. The parties agree to renegotiate this contract and any affected agreements if revisions of
any applicable laws or regulations make changes in this contract necessary.
2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreement(s)
incorporating this Master Contract by reference only when these have been established through the
appropriations process, or identified in the federal program. The State of Florida's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.
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XXVM. Special Provisions:
The Contractor agrees to the following provisions:
A. Property & Equipment
1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful
life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the
capitalization level established by the organization for the financial statement purposes, or
$5000 [for federal funds], or (b); nonexpendable, tangible personal property of a
nonconsumable nature with an acquisition cost of $1000 or more per unit, and expected useful
life of at least one year; and hardback bound books not circulated to students or the general
public, with a value or cost of $250 or more [for state funds].
2 Contractors and sub - contractors who are histitutions of Higher Education, Hospitals, and
Other Non -Profit Organizations shall have written property management standards in
compliance with Part 215 (formerly OMB Circular A -110) that include: (a) a property list with
all the elements identified in the circular, and, (b) a procedure for conducting a physical
inventory of equipment at least once every two years. The property records must be
maintained on file and shall be provided to the agency upon request.
3. The contractor's property management standards for equipment acquired with Federal funds
and federally -owned equipment shall include accurately maintained equipment records with
the following information:
(i) A description of the equipment.
(ii) Manufacturer's serial number, model number, Federal stock number, national stock
number, or other identification number.
(iii) Source of the equipment, including the award number.
(iv) Whether title vests in the contractor or the Federal Government.
(v) Acquisition date (or date received, if the equipment was furnished by the Federal
Government) and cost.
(vi) Information from which one can calculate the percentage of Federal participation in the
cost of the equipment (not applicable to equipment furnished by the Federal
Government).
(vii) Location and condition of the equipment and the date the information was reported.
(viii) Unit acquisition cost.
(ix) Ultimate disposition data, including date of disposal and sales price or the method used
to determine current fair market value where a contractor compensates the Federal
awarding agency for its share.
4. Equipment purchased with federal funds with an acquisition cost over $5,000 and equipment
purchased with state funds with an acquisition cost over $1,000 that is specifically identified
in the service provider application approved by the agency is part of the cost of carrying out
the activities and functions of the grant awards and Title (ownership) will vest in the
contractor, subject to the conditions of Part 215 (formerly OMB Circular A -110), Subpart C,
paragraph .34. Equipment purchased under these thresholds is considered supplies and is not
subject to property standards. Equipment purchased with funds identified in the budget
attachments to agreements covered by this contract, or identified in the sub - agreements with
sub - contractors (not included in a cost methodology), is subject to the conditions of section
273, F. S. and 60A- 1.0017, F. A. C. or Title 45 CFR part 74.
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2007 OAA Master Contrat4 72' 2008
5. Real property means land (including land improvements), buildings, structures and
appurtenances thereto, but excludes movable machinery and equipment. Real property may
not be purchased with state or federal funds through agreements covered under this contract
without the prior approval of the agency. Real property purchases from Older Americans Act
funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., Sec. 3030b
United States Code (USC). Real property purchases from state funds can only be made
through a fixed capital outlay grants and aids appropriation and therefore are subject to the
provisions of section 216.348, F. S.
6. Any permanent storage devices (e.g.: hard drives, removable storage media) must be
reformatted and tested prior to disposal to ensure no confidential information remains.
Information Technology Resources
The contractor must adhere to the agency's procedures and standards when purchasing
hnformation Technology Resources (ITR) as part of any agreement(s) incorporating this
contract by reference. An ITR worksheet is required for any computer related item costing
$1,000.00 or more, including data processing hardware, software, services, supplies,
maintenance, training, personnel and facilities. The completed ITR worksheet shall be
maintained in the LAN administrator's file and must be provided to the agency upon request.
The contractor has the responsibility to require any subcontractors to comply with the agency's
ITR procedures.
B. Copyright Clause
The contractor may copyright any work that is subject to copyright and was developed, or for
which ownership was purchased, under any agreement(s) incorporating this contract by reference.
The agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or
otherwise use the work for state and federal purposes, and to authorize others to do so. Other rights
of the agency and contractor are described in Title 45 CFR, sec. 74.36, and section 286.021, F.S.
C. Investigation of Criminal Allegations
Any report that implies criminal intent on the part of this contractor or any subcontractor and
referred to a governmental or investigatory agency must be sent to the agency. If the contractor has
reason to believe that the allegations will be referred to the State Attorney, a law enforcement
agency, the United States Attorney's Office, or other governmental agency, the contractor shall
notify the agency and the Inspector General at the department immediately. A copy of all
documents, reports, notes or other written material concerning the investigation, whether in the
possession of the contractor or subcontractor, must be sent to the agency and the department's
Inspector General with a summary of the investigation and allegations.
D. Disaster
In preparation for the threat of an emergency event as defined in the State of Florida
Comprehensive Emergency Management Plan, the agency may exercise authority over a lead
agency or subcontractor to implement preparedness activities to improve the safety of the elderly
in the threatened area and to secure lead agency and service provider facilities to minimize the
potential impact of the event. These actions will be within the existing roles and responsibilities of
the area agency and its subcontractor.
hr the event the President of the United States or Governor of the State of Florida declares a
disaster or state of emergency, the agency may exercise authority over a lead agency or
subcontractor to implement emergency relief measures and/or activities.
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72
In either of these cases, only the Emergency Coordinating Officer, the Executive Director or
his/her designee of the agency shall have such authority to order the implementation of such
measures. All actions directed by the agency under this section shall be for the purpose of
ensuring the health, safety and welfare of the elderly in the potential or actual disaster area.
E. Volunteers
The contractor will promote the use of volunteers as prescribed in section 306(a)(12), Older
Americans Act and section 430.07, F.S.. In addition, the contractor will increase the use of
volunteers in each county by providing training, technical assistance and funding, where possible,
to support volunteer efforts of their service sub - contractors.
F. Management Information Systems
For all program agreements incorporating this contract by reference for which collection of client
data in electronic format ( CIRTS, for example) is required:
1. The contractor will ensure the collection and maintenance of client and service information on
a monthly basis from the Client Information Registration and Tracking System ( CIRTS) or
any such system designated by the agency. Maintenance includes valid exports and backups of
all data and systems according to agency standards.
2. The contractor will require subcontractors to enter all required data per the department's
CIRTS Policy Guidelines for clients and services in the CIRTS database. The data must be
entered into the CIRTS before the subcontractors submit their request for payment and
expenditure reports to the contractor. The contractor shall establish time frames to assure
compliance with due dates for the requests for payment and expenditure reports to the agency.
3. The agency will require contractors to run monthly CIRTS reports and verify client and
service data in the CIRTS is accurate. This report must be submitted to the agency with the
monthly request for payment and expenditure report and must be reviewed by the agency
before the contractor's request for payment and expenditure reports can be approved by the
agency.
4. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency
enacting the "Enforcement" clause of this contract (see Section XXIV), including delaying or
withholding payment until the problem is corrected.
5. Computer System Backup and Recovery
Each contractor and subcontractor, among other requirements, must anticipate and prepare for
the loss of information processing capabilities. The routine backing up of all data and
software is required to recover from losses or outages of the computer system. Data and
software essential to the continued operation of contractor functions must be backed up. The
security controls over the backup resources shall be as stringent as the protection required of
the primary resources. It is recommended that a copy of the backed up data be stored in a
secure, offsite location. The contractor shall maintain written policies and procedures for
computer system backup and recovery and shall have the same requirement in its contracts
and/or agreements with subcontractors. These policies and procedures shall be made available
to the agency upon request.
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2007 OAA Master Contract 72' 2008
G. Consumer Outcomes
1. The contractor will develop client outcome measures consistent with those developed by the
agency.
2. The agency and the contractor will be responsible for achieving targets set by the legislature
for performance based program budgeting and will incorporate into sub - agreements as
necessary.
H. Use of Service Dollars/Wait List Management:
The contractor is expected to spend all federal, state and other funds provided by the agency, for
the purpose specified in each contract. The contractor must manage the service dollars in such a
manner so as to avoid having a wait list and a surplus of funds at the end of the year, for each
program managed by the contractor. if the agency determines that the contractor is not spending
service dollars accordingly, the agency may transfer funds to other lead agencies during the year
and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law.
I. Surplus/Deficit Report:
The contractor will submit a consolidated surplus/deficit report in a format provided by the agency
to the agency's contract manager by the 18th of each month. This report is for all agreements
between the lead agency and the agency. The report will include the following:
1. a list of all subcontractors and their current status regarding surplus or deficit;
2. the contractor's detailed plan on how the surplus or deficit spending exceeding the threshold
specified by the agency will be resolved;
3. recommendations to transfer funds to resolve surplus/deficit spending;
4. number of clients currently on Assessed Prioritized Consumer List (APCL), that receive a
priority ranldng score of 4 or 5; and
5. number of clients currently on the APCL designated as Imminent Risk.
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Item # 16D4
2007 OAA Master Contract pr 23, 2008
f 72
IN WITNESS THEREOF, the parties hereto have caused this 38 page contract to be executed by their
undersigned officials as duly authorized.
ATTEST- '�-P' e ��
DWI GH'E• BOCK; Lk
t, a
onl-
WITNESS:
[Print
[Print Name]
van s
FEDERAL ID NUMBER: 59- 6000558
Approved as to form and
legal sufficiency
Robert N' Zachary
Assistant County Attorney
(Revised October 2006)
COLLIER COUNTY HUMAN SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER CO FL
By:
JAMIWCOLETTA, Chairman
Date: December 31, 2006
AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC.
16F1111 KOEHLEW,, Board Pr6ident
Date: December 31 2006
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2007 OAA Master Contract W99 r 23, 2008
f 72
ATTACHMENTI
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any state or federal agency, a member of
congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee
of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Fort to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans and cooperative
agreements) and that all sub - contractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Signature
Date
James Coletta, Chairman 203.M107
Name of Authorized Individual Application or Agreement Number
Collier County Housing and Human Services
Name and Address of Organization
Approved as to form and
legal suffi� c
Robert 14. Za h
Assistant County Attorney
DOEA Farm 103
(Revised Nov 2002)
18
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Item # 16D4
2007 OAA Master Contra 23, 2008
72
ATTACHMENT 11
INSTRUCTIONS
CERT TCATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION AGREEMENTS /SUBAGREEMENTS
1. Each contractor of federal financial and non - financial assistance that equals or exceeds $100,000 in federal
monies must sign this debarment certification prior to agreement execution. Independent auditors who audit
federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither
the Area Agency on Aging for Southwest Florida, Inc. nor its agreement contractors can contract with
subcontractors if they are debarred or suspended by the federal government.
2. This certification is a material representation of fact upon which reliance is placed when this contract is
entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal
Government may pursue available remedies, including suspension and/or debarment.
3. The contractor shall provide immediate written notice to the grant manager at any time the contractor learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in
this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the grant
manager for assistance in obtaining a copy of those regulations.
5. The contractor further agrees by submitting this certification that, it shall not knowingly enter into any
subagreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this contract unless authorized by the Federal Government.
6. The contractor further agrees by submitting this certification that it will require each subcontractor of
agreements referencing this contract whose payment will equal or exceed $100,000 in federal monies, to
submit a signed copy of this certification with each subagreement.
7. The Area Agency on Aging for Southwest Florida, Ina may rely upon a certification by a
contractor /subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from
contracting /subcontracting unless the department knows that the certification is erroneous.
8. The contractor may rely upon a certification by a subcontractor entity that it is not debarred, suspended,
ineligible, or voluntarily excluded from contracting /subcontracting unless the contractor knows that the
certification is erroneous.
9. The signed certifications of all subcontractors shall be kept on file with contractor.
DOER FORM 112A
(Revised February 2004)
19
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Master Contra �g 23, 2008
2007 OAA da e'24 of 72
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION AGREEMENTS /SUBAGREEMENTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension,
signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg.,
pages 20360-20369).
(1) The prospective contractor certifies, by signing this certification, that neither he nor his principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
contracting with the Area Agency on Aging for Southwest Florida, Inc. by any federal department or agency.
(2) Where the prospective contractor is unable to certify to any of the statements in this certification, such
prospective contractor shall attach an explanation to this certification.
Name and Title of Authorized Individual
(Print or type)
Name of Organization
DOEA FORM 112B
(Revised April 2001)
20
2007 OAA
Audit Attachment
Item # 16D4
Master Contrac 23, 2008
72
:nJ BRUIT i
The administration of funds awarded by the agency to the contractor, and the sub - contractor through agreements
with the contractor, may be subject to audits and/or monitoring by the agency and other authorized state personnel
or federal personnel as described in this section.
Monitorin¢
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by agency
staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering
into this contract, the contractor agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the agency. In the event the agency determines that a limited scope audit of the contractor is
appropriate, the contractor agrees to comply with any additional instructions provided by the agency to the
contractor regarding such audit, The contractor further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the agency and the Chief Financial Officer, Department of
Financial Services, Auditor General or federal personnel.
OTHER REQUIREMENTS
If the contractor is a non - profit organization, the Oath of Not for Profit Status form (EXHIBIT 2 of this
attachment) must be completed and returned to the agency with the signed agreement.
Audits
PART I: FEDERALLY FUNDED
This part is applicable if the contractor or subcontractor is a State or local government or a non -profit organization
as defined in OMB Circular A -133, as revised.
1. hr the event that the contractor or subcontractor expends $500,000 or more in Federal awards in its fiscal year,
the contractor or subcontractor must have a single or program- specific audit conducted in accordance with the
provisions of OMB Circular A -133, as revised Federal funds awarded through the agency by this contract, if
any, are indicated in section H. A. of the agreement(s) covered by this contract. In determining the Federal
awards expended in its fiscal year, the contractor or subcontractor shall consider all sources of Federal awards,
including Federal funds received from or passed through the agency. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised.
An audit of the contractor or subcontractor conducted by the Auditor General in accordance with the
provisions OMB Circular A -133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the contractor or subcontractor
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-
133, as revised.
21
2007 OAA
Item # 16D4
Master Contrac 23, 2008
f 72
3. If the contractor or subcontractor expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event
that the contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be
paid from non - Federal funds (i.e., the cost of such an audit must be paid from contractor resources obtained
from other than Federal entities).
4. Information regarding audit requirements contained in OMB Circular A -133 and section 215.97, F.S.,
can be obtained from the following web - sites:
http://www.whitchouse.gov/omb/circul
and:
hftp7//www.leg.state.fl.us/
PART II: STATE FUNDED
This part is applicable if the contractor is a non -state entity as defined by section 215.97, F.S..
1. In the event that the contractor expends a total amount of State awards (i.e., State financial assistance provided
to the contractor to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such
contractor, the contractor must have a State single or project - specific audit for such fiscal year in accordance
with section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Chief Financial
Officer, Department of Financial Services, and Chapter 10.600, Rules of the Auditor General. State grants and
aids amounts awarded through the agency by this contract are indicated in section II. A. of the agreement(s) of
which this contract is an attachment. In determining the State awards expended in its fiscal year, the
contractor shall consider all sources of State awards, including State funds received from the agency, other
state agencies, and other nonstate entities except that State awards received by a non -state entity for Federal
program matching requirements shall be excluded from consideration.
2. In connection with the audit requirements addressed in Part II, paragraph 2, the contractor shall ensure that the
audit complies with the requirements of section 215.97, F.S.. This includes submission of a reporting package
as defined by section 215.97, F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and
for - profit organizations) Rules of the Auditor General, to include an auditor's examination attestation report,
management assertion report (alternatively, management's assertion may be included in the management
representation letter), and a schedule of State financial assistance.
The auditor's examination attestation report must indicate whether management's assertion as to compliance
with the following requirements is fairly stated, in all material respects: activities allowed or unallowed;
allowable costs/cost principles; matching (if applicable), and; reporting.
3. If the contractor expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance
with the provisions of section 215.97, F.S., is not required. In the event that the contractor expends less than
$500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of section 215.97, F.S., the cost of the audit must be paid from non -State funds (i.e., the cost of such
an audit must be paid from the contractor's resources obtained from other than State entities).
PART III: REPORT
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this attachment shall be submitted, when required by section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the contractor directly to each of the following within 45 days of receipt of
the report but no later than nine (9) months of contractor's fiscal year end:
22
Item # 16D4
2007 OAA Master Contract 72' 2008
t f
A. The Area Agency on Aging for Southwest Florida, Inc. at the following address:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Wade - Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 3324233
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies
required by sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass - through entities in accordance with sections .320 (e) and (0, OMB
Circular A -133, as revised.
2. The contractor shall submit a copy of the reporting package described in section .320 (c), OMB Circular A-
133, as revised, and any management letters issued by the auditor, to the agency at the following address within
45 days of receipt of the report but no later than nine (9) months of contractor's fiscal year end:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Wade - Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 3324233
3. Copies of audits and reporting packages required by PART Il of this attachment shall be submitted by or on
behalf of the contractor directly to each of the following within 45 days of receipt of the report but no later than
nine (9) months of contractor's fiscal year end:
A. The Area Agency on Aging for Southwest Florida, Inc. at the following address:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Wade - Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 3324233
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302 -1450
23
Item # 16D4
2007 OAA Master Contract 72' 2008
4. Any reports, management letters, or other information required to be submitted to the agency pursuant to this
attachment shall be submitted timely in accordance with OMB Circular A -133, section 215.97 F.S., and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable and should indicate the date that the reporting package was delivered to the
contractor in correspondence accompanying the package.
5. Contractors, when submitting the financial reporting packages to the agency, should indicate the date that the
audit report was delivered to the contractor in correspondence accompanying the audit report.
PART IV: RECORD RETENTION
The contractor shall retain sufficient records demonstrating its compliance with the terms of this attachment for a
minimum period of five (5) years from the date the audit report is issued or longer if requested by the agency in
writing, and shall allow the agency or its authorized designee, and the Chief Financial Officer, Department of
Financial Services or Auditor General access to such records upon request. The contractor shall ensure that audit
working papers are made available to the agency or its designee, and the Chief Financial Officer, Department of
Financial Services or Auditor General upon request, for a minimum period of five (5) years from the date the audit
report is issued, or may need to be longer if requested in writing by the agency.
PART V: SPECIFIC REQUIREMENTS OF AGENCY ADMINISTERED PROGRAMS
1. The agency requires a supplemental schedule of functional expenses be prepared in a format provided by the
agency, which presents costs by service (as defined by the agency), including units of service delivered, for
contractors or subcontractors expending state or federal awards for services performed by their employees,
contractors, and other payees who receive payment from agency - administered funds for units of service
recorded in the department's Client Registration and Tracking System (CIRTS). This supplemental schedule
shall be prepared using the same methodology as used in determining the contractual rates. Government
entities are excluded from this requirement.
2. If an audit is not required or performed, the head of the contractor entity or organization must provide a written
attestation, under penalty of perjury, that the contractor has complied with the allowable cost provisions
(congruent with the Reference Guide for State Expenditures and Cost Principles 225 (A -87) and 230 (A -122),
and Federal Acquisition Regulation 31.2, whichever is applicable). EXHIBIT 1 to this attachment provides an
example attestation document that should be used by the agency head or authorized signatory for agreements to
attest to compliance with these provisions.
3. Interest earned on federal funds or general revenue funds must be returned to the agency. A chart is included in
all agreements identifying the funding source(s), program titles, applicable CFDA or CSFA numbers and the
amount of funds granted.
4. Specific requirements for match, co- payments, and program income applicable to programs administered by
the agency are outlined in the following applicability chart. Brief definitions of terms used in the chart are
included.
(Revised February 2004)
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APPLICABILITY CHART DEFINITIONS
AAA. Area Agency on Aging
Item # 16D4
Master ContrackrW172, 2008
Program Income. Program income means gross income earned by a contractor from activities which are
supported by a grant; i.e., when at least some of the cost of the activity is a direct cost of the grant or indirect cost
which helps match requirements of the grant. Program income includes contributions for meals or other
supportive services, proceeds from the sale of tangible personal property purchased for the program, fees for the
usage or rental of such property, and patent or copyright royalties for materials developed through the program.
Revenue generated from a particular activity of the contractor /subcontractor for which Agency funds were used
to cover at least half the cost is considered program income. Note: Money donated (cash donation) without
earmark to the project by the donor should not be declared in an audit to be "program income"
Cash Donations. Cash donations are money donated without earmark to the project by the donor. These
donations, when used as match, cannot be earmarked for any specific expenditure but are to be budgeted
normally. Cash donations are not program income.
Match. When general revenue funded agreements require match, it may be either by cash, certified public
expenditure, or third -party in -kind. The non - federal share used to match OAA funds may be cash, certified public
expenditure, or third -party in -kind.
Co- payments. Fees assessed and collected according to a sliding scale based on the client's income for CCE and
ADI services.
In -kind Resources. hr -kind resources must be identified in project records, necessary to project's achievement,
reasonable and in proportion to time used for project, claimed after use in the project and, not included as
contributions for other programs unless specifically allowed.
In -kind contributions represent a value placed on noncash contributions provided to the contractor of a agreement.
In -kind contributions may consist of actual charges for real property and equipment, and the value of goods and
services that directly benefit and are identified with project activities. This may include staff time contributed by
state and local agencies not otherwise matched or supported by federal funds.
FOR
Item # 16D4
2007 OAA Master Contra c Qmf � 72, 2008
ATTACHMENT III
EXHIBIT -1
MANAGEMENT ATTESTATION LETTER
(To be completed at the end of contractor or sub - contractor's fiscal year)
Contract or Agreement Number:
1, , hereby attest under penalty of perjury
(contractor's authorized representative)
than based on the criteria
(contractor agency name)
set forth in the department's Audit Attachment, PARTS I and II, that:
A. The above named contractor agency is not required to provide an audit report or reporting package because
check applicable statement(s)]:
the above -named entity has not expended $500,000 or more in total federal awards in its fiscal year
and therefore is not required to have a single or program - specific audit performed in accordance in
OMB Circular A -133, as revised, and/or,
the above -named entity has not expended a total amount equal to or in excess of $500,000 in state
awards in its fiscal year and therefore is not required to have a State single or program- specific audit
in accordance with section 215.97, Florida Statutes.
B. The contractor has complied with the allowable cost provisions [congruent with State and Federal law,
generally accepted accounting principles, the Department of Financial Services' Reference Guide for State
Expenditures, and Office of Management and Budget (OMB) Cost Principles 225 (A -87, 230 (A -122) and
Federal Acquisition Regulation 31.2 or Part 215 (formerly OMB A -110), whichever is applicable].
By making this statement the contractor has considered not only funding or awards from the department, but all
sources of Federal and State funding or awards.
Fiscal year ended
(Month, day, year)
(Signature)
(Title)
(Date)
27
Item # 16D4
2007 OAA Master Contra(*20- 9772 2008
Oath of Not for Profit Status
Contract or Agreement Number:
ATTACHMENT III
Exhibit - 2
As an authorized representative for the Contractor identified herein, and in the above referenced document(s), I do
hereby swear under oath that this entity is currently a "not for profit" (non - profit) organization as defined in
section 501(c)(3) of the Internal Revenue Code. If this non -profit status changes for any reason during the life of
the above referenced contract or agreement, the Area Agency on Aging for Southwest Florida, Inc. will be
notified in writing immediately.
Name of Contractor entity
Signature of Authorized Representative
Printed name and Title of Authorized Representative
Date of Oath
(Revised February 2004)
E
2007 OAA
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR AGREEMENTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
Item # 16D4
Master Contract 23, 2008
f 72
ATTACE0 4ENT IV
The undersigned, an authorized representative of the contractor named in the contract or agreement to which this
form is an attachment, hereby certifies that:
(1) The contractor and any sub - contractors of services under this contract have financial management systems
capable of providing certain information, including: (1) accurate, current, and complete disclosure of the
financial results of each grant- funded project or program in accordance with the prescribed reporting
requirements; (2) the source and application of funds for all agreement supported activities; and (3) the
comparison of outlays with budgeted amounts for each award. The inability to process information in
accordance with these requirements could result in a return of grant funds that have not been accounted for
properly.
(2) Management Information Systems used by the contractor, subcontractor(s), or any outside entity on which
the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and
verified to be capable of processing data accurately, including year -date dependent data. For those systems
identified to be noncompliant, contractor(s) will take immediate action to assure data integrity.
(3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip
technology, the undersigned warrants that these products are capable of processing year -date dependent data
accurately. All versions of these products offered by the contractor (represented by the undersigned) and
purchased by the State will be verified for accuracy and integrity of data prior to transfer.
In the event of any decrease in functionality related to time and date related codes and internal subroutines
that impede the hardware or software programs from operating properly, the contractor agrees to immediately
make required corrections to restore hardware and software programs to the same level of functionality as
warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time
being of the essence.
(4) The contractor and any sub - contractor(s) of services under this contract warrant their policies and procedures
include a disaster plan to provide for service delivery to continue in case of an emergency including
emergencies arising from data integrity compliance issues.
The contractor shall require that the language of this certification be included in all sub - agreements, sub - grants,
and other agreements and that all sub - contractors shall certify compliance accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for maldn enterin nto is tr ction
imposed by OMB Circulars A -102 and CFR Part 215 and Part 215 (formerly O ircu, A-
Collier County Services for Seniors
3301 Tamiami Trail E IV211 gnature
Naples, FL 34112
Approved a orm and
u rci cy
RO ert k. 2ac1 wy
Assistant County Attorney
nic ised Febn ary 2004)
29
December 31, 2006
Date
2007 OAA
Item # 16D4
Master Contra4 #04723, 2008
72
ATTACHMENT V
MINIMUM GUIDELINES FOR CONTRACTOR GRIEVANCE PROCEDURES
APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR
REDUCTIONS IN SERVICE FOR MEDICAID WAIVER CLIENTS
Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families
(RCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures.
NOTICE TO THE MEDICAID WAIVER CLIENTS OF THE ADVERSE ACTION TO BE TAKEN AND
EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION
• The Medicaid Waiver client must be informed by the decision maker of the action, in writing, no less than 10
calendar* days prior to the date the adverse action will be taken.
(Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken
immediately; however, notice must be made as soon thereafter as practicable.)
Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period.
• The Notice must contain:
a statement of what action is intended to be taken;
the reasons for the intended action;
an explanation of:
1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar* days
of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and
available to the individual);
2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF;
3) the individual's right, after a grievance review, for further appeal;
4) the right to seek redress through the courts if applicable;
a statement that current benefits will continue if a grievance review is requested, and will continue until a
final decision is made regarding the adverse action; and
a statement that the individual may represent himself/herself or use legal counsel, a relative, a friend, or other
qualified representative in the requested review proceedings.
• All records of the above activities must be preserved in the client's file.
GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW
Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the
request by a written statement delivered to the requester. This statement must also provide notice of:
the time and place scheduled for the review;
the designation of one or more impartial reviewers who have not been involved in the decision at issue;
the opporhmity to examine, at a reasonable time before the review, the individual's own case record, and to a
copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference at a
reasonable time before or during the review;
a contact person for any accommodations required under the Americans with Disabilities Act; and assistance,
if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted.
• All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial
reviewers who have not been directly involved in the initial determination of the action in question.
30
Item # 16D4
2007 OAA Master ContraOTOR72 2008 'I
The reviewer(s) must provide written notification to the requester, within 7 calendar* days after the grievance
review, stating:
the decision, the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of
current benefits until all appeals are exhausted;
the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7
calendar* days, except in decisions involving the professional judgement of a legal assistance provider;
the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency;
the opportunity to be represented by himself/herself or by legal counsel, a relative, a friend or other qualified
representative;
for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding
complaints related to the actual legal representation provided.
PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A
WRITTEN APPEAL TO THE AREA AGENCY ON AGING
Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must
acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement
must also provide notice of:
the time and place scheduled for the appeal;
the designation of one or more impartial AAA officials who have not been involved in the decision at issue;
the opportunity to examine at a reasonable time before the appeal the individual's own case record to date,
and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference during the
appeal;
assistance, if needed, in order to attend the appeal;
and the stopping of the intended action until all appeals are exhausted.
All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more
impartial AAA officials who have not been directly involved in the initial determination of the action in
question.
The designated AAA official(s) must provide written notification to the requester within 7 calendar* days
after considering the grievance review appeal, stating:
the decision, and the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of
current benefits until all appeals are exhausted;
the individual's right to appeal, if applicable.
• Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision;
and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as
required by the ADA.
All records of the above activities must be preserved and remain confidential. A copy of the final decision
must be placed in the client's file.
* In computing any period of time prescribed or allowed by these guidelines, the last day of the period so
computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run
until the end of the next day which is neither a Saturday, Sunday, or legal holiday.
31
Item # 16D4
2007 OAA Master Contraiv -,WP72 2008
ATTACHMENT A
ASSURANCES & CERTIFICATIONS
The contractor shall maintain proper documentation to substantiate all of the assurance items set out below. Such
documentation will be subject to review for adequacy and completeness. Failure to maintain the appropriate and
necessary documentation shall be grounds for sanctions and penalties, in accordance with
I. Compliance with Requirements
The contractor agrees to administer the program in accordance with the OAA and all applicable
regulations, policies and procedures established by the DADS, the AoA, and the Secretary of Health and
Human Services.
II. General Administrative and Fiscal Requirements
The contractor shall adhere to uniform administrative requirements and cost principles which are in
compliance with relevant provisions of Cost Principles 225 (A -87) and 230 (A -122) and Federal
Acquisition Regulation 31.2 „OMB Circulars A -102 , and A -133 and 2 CFR Part 215 and part 215
(formerly OMB Circular A -110), as applicable; 45 CFR, Part 74; 45 CFR, Part 92; and other OMB
Circulars, except where these provisions are superseded by statute.
Comply with the cost principles, administrative requirements, and other provisions of all applicable state
and federal laws and regulations including: sections 215.97 and 216.348, F.S., Title 45, Code of Federal
Regulations (CFR), Part 74, and/or 45 CFR, Part 92, and/or 48 CFR Part 31, and Office of Management
and Budget (OMB) Circulars A -133 and A -102 and 2 CFR Part 215 and Part 215 (formerly OMB
Circular A -110) and Cost Principles 225 (A -87) and 230 (A -122) and Federal Acquisition Regulation
31.2 , whichever is applicable to the contractor's organization.
Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act [42
United States Code (U.S.C.) 7401 et seq.], the U.S. Department of Labor, Occupational Safety and Health
Administration (OSHA) code, Title 29 CFR, Part 1910.1030, and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251 et seq.). The contractor shall report any violations of the above to the
agency.
Prior to execution of this contract, complete the Certification Regarding Lobbying form,
ATTACHMENT I, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion Agreements/Subagreements form, ATTACHMENT II. If a Disclosure of Lobbying Activities
form, Standard Form LLL, is required, it may be obtained from the agency's grant manager, and all
disclosure forms as required by the Certification Regarding Lobbying form must be completed and
returned to the agency with the signed agreement.
Comply with the provisions of Chapter 119, F.S., allowing public access to all documents, papers, letters,
or other materials made or received by the contractor in conjunction with this contract and any
agreements incorporating this contract by reference. In addition, section 20.41(9), F.S., requires that all
lead agencies are subject to Chapter 119, F.S., relating to public records, and, when considering any
agreements requiring the expenditure of funds, are subject to section 286.011- 286.012, F.S., relating to
public meetings.
32
Item # 16D4
2007 OAA Master Contra 3, 2008
72
III. Safeguarding Confidential Information
The contractor shall implement such regulations, standards, and procedures as are necessary to meet the
requirements on safeguarding confidential information under the relevant program regulations.
Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use
or disclose any information concerning a client who receives services under agreements and/or contracts
incorporating this contract by reference or subsequent agreements and/or contracts for any purpose not in
conformity with state and federal regulations, except upon written consent of the client, or the client's
authorized representative.
HIPAA Compliance: Comply with all requirements of the Health Insurance Portability Act (HIPAA) of
1996, as applicable
IV. Standards for Fire, Health, Safety, Sanitation and Other Standards
The contractor providing services under this contract shall operate fully in conformance with all federal,
state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. Such
requirement shall also be passed to all subcontractors and subgrantees in the fulfillment of this contract.
The contractor assures that where the state or local jurisdictions require licensure for the provision of
services, agencies providing such services shall be licensed.
V. Insurance Coverage
The contractor will maintain fine and casualty, worker's compensation, fidelity bond, and general liability
insurance in amounts prescribed in statute or regulation, as applicable.
VI. Participant Grievance Procedures
The contractor shall establish written procedures through which participants can communicate aspects of
the service which impact negatively upon them. All procedures shall be in accordance with 40 TAC
§81.19.
Grievance and Appeal Procedures: Ensure through agreement provisions that sub - contractors and
vendors follow the Minimum Guidelines for Contractor Grievance Procedures, ATTACHMENT V, for
handling complaints from clients who complain service has been suspended, terminated or reduced.
Contractors and subcontractors will also establish their own complaint procedures for clients who are
dissatisfied with or denied services that include, at minimum, notice of the right to complain and to have
their complaint reviewed.
It is expressly understood that substantial evidence of the contractor's refusal to comply with any of the
above provisions shall constitute a breach of this contract.
VII. Equal Employment Opportunity
a. Americans with Disabilities Act of 1990 -
The contractor shall comply with the requirements established under the Americans with Disabilities
Act in meeting statutory deadlines established under the Act as they pertain to operations for
employment, public accommodations, transportation, state and local government operations and
telecommunications.
33
Item # 16D4
2007 OAA Master Contra 4772' 2008
b. Section 504 of the Rehabilitation Act of 1973 -
The contractor shall provide that each program activity, when viewed in its entirety is readily
accessible to and usable by persons with disabilities in keeping with 45 CFR, Part 84.11, et. seq., and
as provided for in Section 504 of the Rehabilitation Act of 1974, as amended. When structural
changes are required, these changes shall be in keeping with 45 CFR, Part 74.
c. Title V1 of the Civil Rights Act of 1964 -
The contractor shall ensure that benefits and services available under this contract are provided in a
non - discriminatory manner as required by Title VI of the Civil Rights Act of 1964, as amended.
d. Age Discrimination in Employment Act of 1967 -
The contractor shall comply with Age Discrimination in Employment Act of 1967 (29 U.S.C. 621,
et. seq.).
Civil Rights Certification;
1. The contractor gives this assurance in consideration of and for the purpose of obtaining federal
grants, loans, agreements (except agreements of insurance or guaranty), property, discounts, or
other federal financial assistance. The contractor shall comply with all federal, state and local
regulations, statutes and ordinances relating to nondiscrimination in programs or activities
receiving or benefiting from state, federal, or local financial assistance, whichever apply. These
include, but are not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as
amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and as supplemented by regulations at Title 41 CFR, Part 60; (b) Title VI of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on
the basis of race, color, or national origin; (c) Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. 1681 -1683, and 1685 -1686 et seq., which prohibits discrimination on the
basis of sex in education programs; (d) Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicaps; (e) The Age
Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination
on the basis of age; and with any and all other applicable regulations, guidelines, and standards as
are now or may be lawfully adopted pursuant to the above statutes or which may apply to
agreements and/or contracts covered by this contract.
2. The contractor agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101
A and B), if services are provided to clients and if fifteen (15) or more persons are employed. For
contractors employing less than 15 persons, the agency requests completion of the Civil Rights
Compliance Questionnaire.
3. The contractor shall establish procedures to handle complaints of discrimination involving
services or benefits through this contract. These procedures shall include advising clients,
employees, and participants of the right to file a complaint, their right to appeal a denial or
exclusion from the services or benefits, and their right to a fair hearing as a result of their
complaint of discrimination. Complaints of discrimination involving services or benefits through
agreements and/or contracts referencing this contract may also be filed with the Area Agency on
Aging for Southwest Florida, Inc., and the Secretary of the Department of Elder Affairs or the
appropriate federal or state agency.
4. The contractor agrees that compliance with these assurances are a condition of continued receipt
of or benefit from federal financial assistance, and that it is binding upon the contractor, its
successors, transferees, and assignees for the period during which such assistance is provided.
The contractor further assures that all subcontractors, vendors, or others with whom it arranges to
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2
provide services or benefits to participants or employees in connection with any of its programs
and activities are not discriminating against those participants or employees in violation of the
above statutes, regulations, guidelines, and standards. In the event of failure to comply, the
contractor understands that the agency may, at its discretion, seek a court order requiring
compliance with the terms of this assurance or seek other appropriate judicial or administrative
relief, including but not limited to, termination of and denial of further assistance.
VIII. Drug Free Workplace
The contractor shall comply with the Drug -Free Workplace Act of 1988, 41 U.S.C. § §701 -704, and— 28
TAC Chapter 169, as applicable.
IX. Lobbying
As required by Title 31, US Code, Section 1352, entitled "Limitation on use of appropriated funds to
influence certain Federal contracting and financial transactions," generally prohibits contractors of
Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the
Executive or Legislative Branches of the Federal Government in connection with a specific grant or
cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal
grant or cooperative agreement must disclose lobbying undertaken with non - Federal (nonappropriated)
funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total
costs (45 CFR Part 93).
The contractor certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the under- signed, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federally appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions. (If
needed, Standard Form-1.1L, 'Disclosure of Lobbying Activities," its instructions, and continuation
sheet are included at the end of this application form.)
(c) The contractor shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans
and cooperative agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, U.S.C. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Use of Funds For Lobbying Prohibited: Comply with the provisions of section 216.347, F.S., Title 48
CFR, Part 31.205, or Title 45 CFR, Part 93, whichever is applicable, that prohibit the expenditures of
funds for the purpose of lobbying the Legislature, a judicial branch or a state agency.
35
Item # 16D4
2007 OAA Master ContraSWtt�b�(22, 2008
X. Outreach
The contractor shall ensure that outreach efforts identify individuals eligible for assistance and inform
them of available services under the OAA, with special emphasis on rural elderly, older individuals who
have greatest economic need (with particular attention to low- income minority individuals), older
individuals who have greatest social need (with particular attention to low income minority individuals),
and older individuals with severe disabilities, and inform such individuals of the availability of such
assistance.
Xl. Grant Purchased Equipment
The contractor shall ensure that all equipment purchases made utilizing grant funds comply with
applicable laws and regulations with special attention to 45 CFR 92.
Equipment may be assigned to contractor for use in connection with this contract. Title to the real and
personal property shall vest in the contractor subject to the condition that the contractor shall use the
property for the authorized purpose of the original contract for the entire term of the contract. It is further
agreed that the contractor shall maintain adequate property control records, perform regular inventories,
document adequate maintenance and repair, and establish adequate safeguards to prevent loss, damage, or
theft to any such property in accordance with sound industrial practice. Personal property shall include
all tangible personal property having a useful life of more than one year and an acquisition cost of
$5,000.00 or more.
Unless otherwise provided in the contract, the contractor, upon delivery or acquisition of any such
property, shall assume the risk of and be responsible for, any loss thereof or damage thereto, except for
reasonable wear and tear, and except to the extent that such property is consumed in the performance of
this contract.
The contractor shall, upon completion of this contract or where there is otherwise no longer a need for
such property, give written notice to the DADS within ten (10) calendar days to such effect. It is further
agreed that upon receipt by the DADS of such written notice, the DADS shall issue instructions as to the
continued use or disposition of such property to the contractor pursuant to applicable federal regulations
as outlined in OMB Circular A -102 and 2 CFR Part 215
XII. Maintenance of Non - Federal Support for Services
The contractor shall not replace funds from non - federal sources with federal funds. The contractor agrees
to continue to initiate efforts to obtain support from other sources for services funded under this contract.
XHL Training Requirements
The contractor shall provide in- service training to all personnel relative to the performance of this
contract. The contractor shall secure appropriate training and certification for all personnel delegated
duties that require such specialized training and/or certification.
XiV. Coordination Requirements
The contractor agrees the DADS may establish procedures and mechanisms necessary to assure effective
coordination between the various activities and programs operating pursuant to the OAA, as amended,
and other local, state or federal programs operating on behalf of older persons.
9M
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XV. Coordination of Service Delivery
Contractors who operate focal points in the community must assure collocation of services, where
feasible.
XV1. Emergency Management
In the event of a disaster, whether man -made, natural, or of a civil defense nature, the contractor will
provide and coordinate appropriate resources to federal disaster relief agencies and may provide
equipment and resources for the following activities: temporary shelter; nutrition services; food
preparation; transportation and volunteers.
XV111. Taxes
The contractor will comply with all state, federal and local tax requirements with respect to property and
personnel.
XVM. Debarment and Suspension
As required by Executive Order 12549, Debarment and Suspension and implemented at 45CFR Part
92.35, for prospective participants in Federal assistance programs:
(a) The contractor certifies to the best of his or her knowledge and belief, that the organization, defined as
the primary participant in accordance with 45 CFR Part 76, and its principals:
(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal Department or agency;
(2) have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, then, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(4) have not within a 3 -year period preceding this contract had one or more public transactions
(Federal, State, or local) terminated for cause or default.
(b) Should the contractor not be able to provide this certification, an explanation as to why should be
placed after the assurances page in the application package.
The contractor agrees by submitting this proposal that it will include, without modification, the clause
titled "Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion —
Lower Tier Covered Transactions" in all lower tier covered transactions (i.e., transactions with sub -
grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance
with 45 CFR Part 76.
XtX. Personnel
The contractor shall furnish all necessary personnel and shall appoint personnel of adequate
qualifications, skill and expertise as are required to perform the services to be rendered in accordance and
compliance with the terms of this contract. The contractor shall be responsible for completion of the
services to be rendered in accordance with this contract and all applicable service standards. The
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f 72
contractor shall provide all necessary supervision and coordination of activities that is required to
complete the services and fulfill all contractual obligations.
XX. Provision of Services
The contractor assures compliance with the following provisions relating to the services covered by this
contract.
a. Eligibility -
The services covered by this contract serve only those individuals and groups eligible under the
provisions of the OAA, as amended.
b. Residency -
No requirements as to duration of residence or citizenship as a condition of participation in the
provision of services will be imposed on persons requesting services.
c. Coordination and Maximum Utilization of Services -
The contractor, to the maximum extent, shall coordinate and utilize the services and resources of
other appropriate public and private agencies and organizations. Efforts shall be demonstrated to
coordinate with local state agencies to ensure non-duplication of administrative activities and service
delivery to the maximum extent possible. Coordination activities shall reduce administrative burden
on service providers and provide better service delivery to program participants.
d. Prohibition of Means Test for Services —
The contractor shall provide all services funded by the OAA, as amended, without the use of any
means test to determine eligibility for services.
e. Legal Assistance Services Attorney- Client Privilege -
The contractor shall not divulge any information that is protected by the attorney- client privilege held
by program participants.
1, the undersigned, certify that compliance with these assurances and certifications will be accomplished. I further
certify that I am authorized to sign for the contractor agency.
CONTRACTOR: Collier County Services for Seniors
James Coletta, Chairman
Typed Name and Title of
Authorized Official
December 31, 2006
Date
Approv!eAjEjo-fQpn and
Legal u ffici
RobereN. c
Assistant County Attorney
M
2007 GR
Item # 16D4
Master Contract 1pir 23,
STATE OF FLORIDA Pade of 72
DEPARTMENT OF ELDER AFFAIRS
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
MASTER CONTRACT FOR
GENERAL REVENUE PROGRAMS
THIS MASTER CONTRACT is entered into this 31st day of December 2006 , by and between the
Area Agency on Aging for Southwest Florida, hic., hereinafter referred to as the "Agency," and the Collier Countv
Services for Seniors, hereinafter referred to as the "contractor." The terms contractor and subcontractor are deemed
to have the same meaning and definition as the terms recipient and subrecipient as defined in OMB Circular A -133,
are interchangeable, and have the same force and effect.
This contract is the successor to Master Agreement Number HM004, entitled State of Florida, Department of Elder
Affairs, Master Agreement.
This contract shall begin on January 1, 2007 or on the date the contract has been signed by both parties, whichever is
later, and shall end on December 31, 2007. This contract can be renewed for an additional one (1) year term by
agreement of the parties. All agreements and/or contracts executed between the agency and the contractor during the
effective period of this contract shall reference this contract by number, incorporating it therein, and shall be
governed in accordance with the applicable laws, statutes and other conditions set forth in this contract.
I.
H.
Scope of Services
The contractor agrees to provide the services specified in each agreement and/or contract with the agency
during the period this master contract is in effect.
The contractor agrees that this master contract covers all services provided by the contractor under
agreements and/or contracts with the agency.
The contractor agrees to provide services in compliance with the provisions of the Department's Home and
Community Based Services Handbook.
Independent Contractor
The contractor will be acting in its independent capacity and not as an employee, agent or representative of
the agency. The contractor shall not be deemed or construed to be an employee, agent or representative of
the agency for any purpose whatsoever. Nothing contained in this contract is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer /employee between the
parties.
The contractor shall be responsible for the work under this contract, including the work of any subcontractor
it may utilize.
III. Payment Requirements
The contractor agrees to submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre audit and post audit thereof of all agreements and/or contracts covered by this
contract. The contractor shall comply with the particular requirements under the following laws and
guidelines that are applicable to the agreements and/or contracts covered under this contract: (a) paragraph
(16) (b) of section 216.181, F. S., regarding advances; (b) paragraph 69I- 40.103 F.A.C. pertaining to
Restriction of Expenditures from state fiords; and, (c) the Contract Payment Requirements sub - section of
section C of the Reference Guide for State Expenditures from the Department of Financial Services
(http://www.fldfs.com/aadir/reference%5FguidcV). The contractor certifies that detailed documentation is
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of 72
available to support each item on the itemized invoice or payment request for cost reimbursed expenses,
fixed rate or deliverable contracts, including paid subcontractor invoices, and will be produced upon request
by the agency. The contractor further certifies that reimbursement requested is only for allowable expenses
as defined in the laws and guiding circulars cited in Section IV. (State and Federal Law and Regulations) of
this contract, in the Reference Guide for State Expenditures, and any other laws or regulations, as applicable,
and that administrative expenses do not exceed amounts budgeted in the contractor's approved service
provider application as developed in accordance with and pursuant to section 306(a) of the Older Americans
Act of 1965, as amended.
The contractor and subcontractors shall provide units of deliverables, including reports, findings, and drafts
as specified in the agreements and/or contracts and attachments covered by this contract, and the area plans
developed by the agency and the service provider application developed by the contractor to be received and
accepted by the contract manager prior to payment.
IV. State and Federal Laws and Regulations:
The contractor shall comply with the cost principles, administrative requirements, and other provisions of all
applicable state and federal laws and regulations including, but not limited to: the Older Americans Act of
1965, as amended, sections 215.97 and 216.348, F.S., Title 45, Code of Regulations (CFR), Part 74, and/or
45 CFR Part 92 and Part 1321, and/or 48 CFR Part 31, and Office of Management and Budget (OMB) Cost
Principles 225 (A -87) and 230 (A -122), Federal Acquisition Regulation 31.2, Circulars A -133 and A -102
and 2 CFR Part 215 and Part 215 (formerly OMB Circular A -110), whichever is applicable to the
contractor's organization.
The contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act [42 United States Code (U.S.C.) 7401 et. seq.], the U.S. Department of Labor, Occupational Safety
and Health Administration (OSHA) code, Title 29 CFR, Part 1910.1030, and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251 et. seq.). The contractor shall report any violations of the above to
the agency.
The contractor shall comply with section 112.061, F. S., and any policies of the agency regarding any and all
business travel pursuant to agreements and/or contracts covered by this contract (including use of the State
approved Reimbursement of Travel Expenses form, or an equivalent form developed by the contractor), and
comply with the provisions of Chapter 119, F.S., allowing public access to all public records made or
received by the contractor in conjunction with this contract and any agreements and/or contracts
incorporating this contract by reference. In addition, section 20.41(9), F.S., requires that all lead agencies are
subject to Chapter 119, F.S., relating to public records, and, when considering any contracts requiring the
expenditure of funds, are subject to sections 286.011 and 286.012, F.S., relating to public meetings.
Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the
contractor or subcontractors who knows, or has reasonable cause to suspect, that a child, aged person or
disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or
suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll -free
telephone number (1- 800- 96ABUSE).
Transportation Disadvantaged: If clients are to be transported under any agreements and/or contracts
incorporating this contract, the contractor shall comply with the provisions of Chapter 427, F.S., and Chapter
41 -2, F. A. C.
Use of Funds For Lobbying Prohibited: The contractor shall comply with the provisions of section 216.347,
F.S., which prohibits the expenditures of funds for the purpose of lobbying the Legislature, a judicial branch
or a state agency.
2007 GR
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— Safeguarding Information: Except as provided for the agency's auditing and monitoring purposes, the
contractor shall not use or disclose any information concerning a client who receives services under
agreements and/or contracts incorporating this contract by reference or subsequent agreements and/or
contracts for any purpose not in conformity with state and federal regulations, except upon written consent
of the client, or the client's authorized representative.
Health Insurance Portability Act of 1996 (HIPAA) Compliance: If the contractor will receive client's
protected health information as a result of this contract, then the agency recognizes that the agency and the
contractor are `Business Associates" of each other under the terms of the HIPAA. Furthermore, the agency
and the contractor will enter into a Business Associate Agreement separate from this contract.
Grievance and Appeal Procedures: The contractor shall ensure, through its contract provisions, that
subcontractors follow the Minimum Guidelines for Contractor Grievance Procedures, ATTACHMENT V,
for handling complaints from clients who complain service has been suspended, terminated or reduced.
Contractor and subcontractors will also establish their own complaint procedures for clients who are
dissatisfied with or denied services that include, at minimum, notice of the right to complain and to have
their complaint reviewed.
It is expressly understood that a finding that the contractor materially and substantially has not complied
with any of the provisions of this section shall constitute a breach of this contract.
V. Civil Rights Certification:
1. The contractor gives this assurance in consideration of and for the purpose of obtaining federal grants,
loans, awards, agreements (except agreements of insurance or guaranty), property, discounts, or other
federal financial assistance and also assures compliance with all federal, state and local regulations,
statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting
from state, federal, or local financial assistance, whichever apply. These include, but are not limited to:
(a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by
regulations at Title 41 CFR Part 60; (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
2000d et seq., which prohibits discrimination on the basis of race, color, or national origin; (c) Title IX
of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 -1683, and 1685 -1686 et seq.,
which prohibits discrimination on the basis of sex in education programs; (d) Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of
handicaps; (e) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which
prohibits discrimination on the basis of age; and with any and all other applicable regulations,
guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes.
2. The contractor agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A and
B), if services are provided to consumers and if fifteen (15) or more persons are employed. For
contractors employing less than 15 persons, the agency requests completion of the Civil Rights
Compliance Questionnaire.
3. The contractor agrees to establish procedures pursuant to federal law to handle complaints of
discrimination involving services or benefits through this contract. These procedures shall include
providing clients, employees, and participants of the right to file a complaint with the appropriate federal
or state entity.
These assurances are a condition of continued receipt of or benefit from federal financial assistance, and
are binding upon the contractor, its successors, transferees, and assignees for the period during which
such assistance is provided. The contractor further assures that all subcontractors, vendors, or others
with whom it arranges to provide services or benefits to participants or employees in connection with
Item # 161D4
2007 GR Master Contract �r 72' 2008
any of its programs and activities are not discriminating against those participants or employees in
violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply,
the contractor understands that the agency may, at its discretion, seek a court order requiring compliance
with the terms of this assurance or seek other appropriate judicial or administrative relief, including but
not limited to, termination of and denial of further assistance.
VI. Withholdings and Other Benefits:
The contractor is responsible for its employees Social Security and Income Tax withholdings.
VII. Indemnification:
If the contractor is a state or local governmental entity, pursuant to section 768.28(18), F.S., the provisions
of this section do not apply.
1. Contractor agrees to indemnify, defend, and hold harmless the agency and all of the agency's officers,
agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts,
actions, neglect or omission, action in bad faith, or violation of federal or state law by the contractor, its
agents, employees, or subcontractors in connection with the performance of all agreements and/or
contracts incorporating this contract by reference, whether direct or indirect, and whether to any person
or property to which the agency or said parties may be subject, except that the contractor will not
indemnify the agency or its officers, agents or employees for that portion of any loss or damages
proximately caused by the negligent or intentional act or omission of the agency or any of its officers,
agents, or employees.
2. Contractor's obligation to indemnify and defend shall be triggered on the seventh (7th) day following
the agency's notice of claim for indemnification to contractor. Contractor's inability to evaluate liability
or its evaluation of liability shall not excuse contractor's duty to defend and indennify the agency,
within seven (7) calendar days following notice by the agency. Notice shall be given by registered or
certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is
exhausted specifically fording the contractor not liable shall excuse performance of this provision by
contractor. The contractor's obligations under this paragraph are contingent upon the agency giving the
contractor: (1) prompt written notice of any action or threatened action for which the agency is seeking
indemnification; (2) the opportunity to take over and settle or defend any such action at the contractor's
sole expense, and (3) assistance in defending the action at the contractor's sole expense. The contractor
shall not be liable for any cost, expense or compromise incurred or made by the agency in any legal
action without the contractor's prior written consent, which shall not be unreasonably withheld.
3. It is the intent and understanding of the parties that the contractor, or any of its subcontractors, are not
employees of the agency and shall not hold themselves out as employees or agents of the agency without
specific authorization from the agency. It is the further intent and understanding of the parties that the
agency does not control the employment practices of the contractor and shall not be liable for any wage
and hour, employment discrimination, or other labor and employment claims against the contractor or its
subcontractors.
VIII. Insurance and Bonding:
1. The contractor agrees to provide adequate liability insurance coverage on a comprehensive basis and to
hold such liability insurance at all times during the effective period of any and all agreements and/or
contracts incorporating this contract by reference. The contractor accepts full responsibility for
identifying and determining the types) and extent of liability insurance necessary to provide reasonable
2007 GR
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financial protections for the contractor and the clients to be served under agreements and/or contracts
incorporating this contract by reference. Upon execution of each agreement and/or contract covered
under this contract, the contractor shall furnish the agency written verification supporting both the
determination and existence of such insurance coverage. Such coverage may be provided by a self -
insurance program established and operating under the laws of the State of Florida. The agency reserves
the right to require additional insurance where appropriate.
2. The contractor agrees to fuunish an insurance bond from a responsible commercial insurance company
covering all officers, directors, employees and agents of the contractor authorized to handle funds
received or disbursed under all agreements and/or contracts incorporating this contract by reference in
an amount commensurate with the funds handled, the degree of risk as determined by the insurance
company and consistent with good business practices.
D{. Purchasing:
The contractor agrees to develop procurement procedures which are in accord with applicable state and/or
federal requirements, which encourage fair and open competition and which promote a diversity of
contractors and subcontractors for all services purchased pursuant to this contract.
1. PRIDE
Any service or item manufactured, processed, grown, or produced by Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) in a correctional work program may be furnished or sold to
the contractor and to any subcontractor, or to any person, firm, or business entity if not prohibited by
federal law.
2. Procurement of Products or Materials with Recycled Content
Reusable materials and products shall be used where economically and technically feasible.
3. Equity in Contracting
The agency is committed to embracing diversity in the provision of services to Florida's elders and in
providing fair and equal opportunities for all qualified minority businesses in Florida. The contractor shall
report information to the agency on utilization of certified minority and non - certified minority
subcontractors receiving funds pursuant to all agreements and/or contracts covered by this contract. This
report shall be submitted quarterly to the agency.
The contractor is encouraged to identify in any geographic location(s) that has been designated as a Front
Porch Community by the Governor and to direct services to that Front Porch Community as appropriate.
X. Sponsorship:
If the contractor sponsors a program financed partially by state funds or funds obtained from a contract
or agreement with the agency, in publicizing, advertising, or describing the sponsorship of the program,
state: "Sponsored by Area Agency on Aging for Southwest Florida, Inc. and the State of Florida,
Department of Elder Affairs." If the sponsorship reference is in written material, the words "State of
Florida, Department of Elder Affairs" shall appear in the same size letters or type as the name of the
organization in accordance with section 286.25, F.S., and if the department's and/or agency's logo is
incorporated, shall ensure that the current logo is used. This shall include, but is not limited to, any
correspondence or other writing, publication or broadcast that refers to such program.
2. The contractor shall not use the words "The State of Florida, Department of Elder Affairs" to indicate
sponsorship of a program otherwise financed unless specific authorization has been obtained by the
agency prior to use.
2007 GR
XI. Public Entity Crime:
Denial or revocation of the right to transact business with public entities:
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In compliance with the legislature's intent to restrict the ability of persons convicted of public entity crimes
to transact business with the agency, the contractor agrees that compliance with sections 287.017 and
287.133, F.S., is a condition of receipt or benefit from state or federal funds and it is binding upon the
contractor, its successors and transferees during the period of this contract. The contractor further assures
that the contractor, its officers, directors, senior management, partners, employees or agents have not been
convicted of any public entity crimes within the last 36 months. If the contractor or any of its officers or
directors is convicted of a public entity crime during the period of this contract, the contractor shall notify
the agency immediately. Non - compliance with these statutes shall constitute a breach of this contract.
XU. Employment:
The contractor is a non - governmental organization, therefore, it is expressly understood and agreed that the
contractor will not knowingly employ unauthorized alien workers. Such employment constitutes a violation
of the employment provisions as determined pursuant to the Immigration Nationality Act (INA), Sec. 274A
[8 U.S.C, s. 1324a]. Violation of the employment provisions as determined pursuant to section 274A shall be
grounds for unilateral cancellation of any and all agreements and/or contracts incorporating this contract by
reference.
XIII. Audits and Records:
The Contractor agrees:
1. To maintain books, records, and documents (including electronic storage media) in accordance with
generally accepted accounting principles and practices that sufficiently and properly reflect all revenues
and expenditures of funds provided by the agency under all agreements and/or contracts covered by this
contract. The contractor agrees to maintain records, including paid invoices, payroll registers, travel
vouchers, copy logs, postage logs, time sheets, etc., as supporting documentation for service cost reports
and for administrative expenses itemized for reimbursement. Original documentation will be made
available upon request for monitoring and auditing purposes.
2. To assure these records shall be subject at all reasonable times to inspection, review, audit, or copy at
the expense of the contractor by state personnel and other personnel duly authorized by the agency, as
well as by state and federal personnel, if applicable.
3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency
may require pursuant to this contract, and agreements or contracts incorporating this contract by
reference, within the period of this contract. Such reporting requirements must be reasonable given the
scope and purpose of the agreements and/or contracts incorporating this contract by reference.
4. To submit management, program, and client identifiable data, as specified by the agency pursuant to this
contract, and agreements or contracts incorporating this contract by reference. To assure, through
agreement provisions in subagreements and/or subcontracts with subcontractors, program specific data
is recorded and submitted in accordance with Department of Elder Affairs Client Information
Registration and Tracking System (CIRTS) Policy Guidelines.
5. To provide an independent financial and compliance audit to the agency as specified in ATTACHMENT
III and to ensure all related party transactions are disclosed to the auditor.
2007 GR
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6. To include these aforementioned audit and record keeping requirements, including ATTACHMENT III,
in all subcontracts and assignments.
7. The contractor agrees to provide client information and statistical data when requested by the agency.
8. To provide to the agency all fiscal information regarding services contracted to subcontractors pursuant
to this contract using an application provided by the agency.
XIV. Retention of Records:
The contractor shall retain all client records, financial records, supporting documents, statistical records,
and any other documents (including electronic storage media) pertinent to each agreement and/or
contract covered under this contract for a period of at least five (5) years after termination of the
agreement(s), or if an audit has been initiated and audit findings have not been resolved at the end of
five (5) years, the records shall be retained at least until resolution of the audit findings. These records
may be subject to additional retention requirements set by law.
2. Persons duly authorized by the agency, department, and federal auditors, pursuant to Title 45 CFR, Part
92.42(e)(1) and (2), shall have full access to and the right to examine or duplicate any of said records
and documents during said retention period or as long as records are retained, whichever is later.
XV. Monitoring and Incident Reporting:
1. The contractor will be subject to an annual monitoring by the agency. The contractor will provide
progress reports, including data reporting requirements as specified by the agency to be used for
monitoring progress or performance of the contractual services as specified in the area plan and the
service provider application
2. The contractor will be responsible for implementing all coaective actions from previous and current
monitoring reports in a timely manner. The contractor must assign a high priority to the resolution of
monitoring findings and recommendations to ensure corrective action(s) addressing programmatic, fiscal
and/or operational deficiencies are fully and timely implemented.
3. The contractor will be responsible for at least one monitoring per year of its subcontractors. The
contractor will perform fiscal, administrative and programmatic monitoring of subcontractors to ensure
contractual compliance, fiscal accountability, programmatic performance, and compliance with
applicable state and federal laws and regulations. A copy of the monitoring report will be submitted to
the agency within 60 days of completion of the monitoring.
4. The contractor shall permit persons duly authorized by the agency to inspect any records, papers,
documents, facilities, goods and services of the contractor and subcontractors which are relevant to
agreements and/or contracts incorporating this contract by reference and to interview any clients and
employees of the contractor and subcontractors to be assured of satisfactory performance of the terms
and conditions of these agreements and/or contracts. The contractor's failure to correct or justify
deficiencies within a reasonable time as specified by the agency may result in the agency taking any of
the actions identified in Section XXIV. (Enforcement) of this contract or the agency deeming the
contractor's failure to be a breach of this contract.
5. Extraordinary Reporting:
The contractor shall notify the connect manager for the agency immediately, but no later than within 24
hours, from the contractor's awareness or discovery of problems, delays or adverse conditions that may
materially affect or impair the subcontractor's ability to perform or meet contract requirements or affect
7
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the health, safety or well -being of clients. The notice shall include a brief summary of the problem(s), a
statement of the action taken or contemplated, time frames for implementation, and any assistance
needed to resolve the situation. Examples of Level One reportable conditions may include, but are not
limited to:
a. proposed client terminations;
b. service quality or service delivery problems;
c. contract non - compliance; and/or
d. contractor or subcontractor financial concerns and/or difficulties.
The contractor must investigate allegations regarding falsification of client information, service records,
payment requests, and other related information. Substantiated allegations must be reported to the agency's
contract manager within 48 hours.
In the event that a situation results in the cessation of services by a subcontractor or vendor, the contractor
retains the responsibility for performance under agreements and/or contracts covered by this contract and
must follow their own procedures to ensure that clients continue receiving services without interruption, e.g.
exercising their emergency procurement procedures, temporary assumption of the direct provision of
services, etc.
All written reports required by this section shall be sent to the agency via registered mail to the applicable
contract manager unless otherwise advised.
XVI. Assignments and Subcontracts and/or Subagreements:
In the event the contractor utilizes subcontractors to provide services pursuant to this contract, such
subcontractors shall be subject to the conditions of this contract and the agreements and/or contracts
incorporating it by reference. This contract does not provide any rights to said subcontractors.
For every transaction, the contractor must determine if the subcontractor is a vendor rather than a
subcontractor, as defined in section 215.97, F. S., and this determination must be documented in writing.
When a vendor relationship is identified, an agreement and/or contract with all of the terms and conditions
set forth in this contract is not required. However, a written agreement and/or contract is required that
outlines the terms of the agreement and/or contract, the goods being purchased or services to be performed,
and conditions for procurement, receipt and payment for goods and services. Compliance for vendors is
usually limited to these tasks unless the contractor chooses to pass down program compliance to the vendor
in the written agreement. The contractor is ultimately responsible for assuring program compliance and
performance, and any applicable conditions of this contract and the agreements and/or contracts covered by
it.
Unless otherwise stated in the contract between the contractor and the subcontractor, payments made by the
contractor to the subcontractor must be made within seven (7) working days after receipt by the contractor of
full or partial payments from the agency in accordance with section 287.0585, F.S. Payments to vendors
contracted by the contractor /subcontractors shall be made in accordance with the terms as negotiated with
the vendor(s). Failure to pay within these time frames may result in the agency taking action as set forth in
Section XXIV. (Enforcement) of this contract.
XVII. Funding Obligations:
The agency acknowledges its obligation to pay the contractor for the performance of the contractor's duties
and responsibilities set forth in this contract and for the contractor's performance of other contracts and/or
agreements that incorporate this contract by reference.
2007 GR
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The agency shall not be liable to the contractor for costs incurred or performance rendered unless such costs
and performances are strictly in accordance with the terms of an agreement and/or contract executed
between the contractor and the agency that incorporates this contract by reference, including but not limited
to terms, governing the contractor's promised performance and unit rates and/or reimbursement capitations
specified.
The agency shall not be liable to the contractor for any expenditures which are not allowable costs as
defined in the C.F.R., Title 45, Parts 74 and 92, as amended, or which expenditures have not been made in
accordance with all applicable state and federal Hiles and laws.
The agency shall not be liable to the contractor for expenditures made in violation of applicable state and
federal laws, rules, or provisions of this contract.
XVM. Return of Funds:
1. The contractor agrees to return to the agency any overpayments due to unearned funds or funds
disallowed pursuant to the terms of all agreements and/or contracts for which funds were disbursed to
the contractor by the agency.
a. The contractor shall return any overpayment to the agency within forty (40) calendar days after
either discovery by the contractor, or notification by the agency, of the overpayment.
b. In the event the contractor or its independent auditor discovers an overpayment has been made, the
contractor shall repay said overpayment within forty (40) calendar days without prior notification
from the agency. In the event the agency first discovers an overpayment has been made, the agency
will notify the contractor by letter of such a fording.
c. Overpayments to subcontractors due to unallowable or un- allocable expenses or to vendors or
subcontractors due to billing discrepancies must be returned to the contractor under the same terms
and conditions as this section. Information indicating subcontractors have been overpaid as a result
of over - budgeting on the unit cost methodology can be used by the contractor to negotiate lower
rates in subsequent years. Continuous overpayment to subcontractors due to over budgeting may
result in a demand for repayment to the contractor or the agency under the same terms and
conditions of this section. Repayment received by the contractor must be reported to the agency and
may be either re- allocated to other contractors or returned to the agency, at the agency's discretion.
d. Overpayments not returned to the agency in a timely manner will be subject to interest at the rate
established in section 55.03, F.S.
XD{, Data Integrity
Federal Grants Management requires that a contractor receiving state and federal funds must have a financial
management system, which is capable of providing accurate information for prescribed reporting
requirements. For the purposes of full disclosure of financial results for federally funded or state - sponsored
programs and for accountability, those reporting requirements may necessitate that the contractor make
particular calculations and submit specific data.
Accordingly, the contractor must, prior to execution of this contract, complete the Data Integrity
Certification form, ATTACHMENT IV.
2007 GR
XX. Conflict of Interest:
Item # 161D4
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The contractor will establish safeguards to prohibit employees, board members, management and
subcontractors from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain. No employee, officer or agent of the
contractor or subcontractor shall participate in selection, or in the award or administration of an agreement
supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family;
(c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a
financial or other interest in the firm selected for award. The contractor or subcontractor's officers,
employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties to subagreements and/or subcontracts. The contractor's board
members and management must disclose to the agency any relationship which may be, or may be perceived
to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in
that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of
this contract. The contractor's employees and subcontractors must make the same disclosures described
above to the contractor's board of directors. Compliance with this provision will be monitored.
XXI. CONTINGENCY PLAN:
In its service provider application, the contractor shall provide to the agency a contingency plan, updated
annually. The contingency plan shall set forth procedures to ensure services to clients will not be interrupted
or suspended in the event the contractor or its subcontractors are unable to perform its duties under this
contract or any agreement and/or contract incorporating this contract. The determination as to whether the
contractor is unable to perform its duties, thereby necessitating utilization of the contingency plan, shall be
made at the sole discretion of the agency.
XXII. Payment:
Pursuant to section 215.422, F.S., the agency shall make payment within 40 days, measured from the latter
of the date the Request for Payment is received or the goods or services are received, inspected and
approved. Requests for Payment returned to a vendor or a contractor due to preparation errors will result in a
payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to
the agency.
)OM. Vendor Ombudsman:
Contractors who may be experiencing problems in obtaining timely payment(s) from the agency may
contact the Vendor Ombudsman within the Department of Banking and Finance. Subcontractors and
vendors experiencing problems obtaining timely payment(s) from contractors may contact the agency's
contract manager at (239) 332.4233.
XXIV. Enforcement
1. The agency may, without taking any intermediate measures available to it against the contractor, rescind
the contractor's designation as a lead agency, if the agency finds that:
a. an intentional or negligent act of the contractor has materially affected the health, welfare, or safety
of clients served pursuant to this contract, or substantially and negatively affected the operation of
services covered under this contract;
b, the contractor lacks financial stability sufficient to meet contractual obligations or that contractual
funds have been misappropriated;
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c. the contractor has committed multiple or repeated violations of legal and regulatory standards,
regardless of whether such laws or regulations are enforced by the agency, or the contractor has
committed or repeated violations of agency standards;
d. the contractor has failed to continue the provision or expansion of services after the declaration of a
state of emergency; and/or
e. the contractor has failed to adhere to the terms of this contract or the terms of any agreements and/or
contracts covered by this contract and incorporating it by reference.
2. In the alternative, the agency may, at its sole discretion, in accordance with section 430.04, F.S., take
intermediate measures against the contractor, including: corrective action, unannounced special
monitoring, temporary assumption of the operation of one or more contractual services, placement of the
contractor on probationary status, imposing a moratorium on contractor action, imposing financial
penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S.
3. hi making any determination under this provision the agency may rely upon the findings of another state
or federal agency, or other regulatory body. Any claim for damages for breach of this contract is exempt
from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee
County. In the event the agency initiates action to rescind a lead agency's designation, the agency shall
follow the procedures set forth in 42 U.S.C. § 3025(b).
XXV. Termination
1. Termination for Convenience
This contract and any other agreements and/or contracts incorporating it by reference may be terminated
by either party upon no less than sixty (60) calendar days notice, without cause, unless a lesser time is
mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery. In the event the contractor terminates an
agreement at will, the contractor agrees to submit, at the time it serves notice of the intent to terminate, a
plan which identifies procedures to ensure services for clients pursuant to this contract or any
subcontract will not be interrupted or suspended by the termination. In the event that a contract between
the contractor and a subcontractor is terminated, the contractor shall require the subcontractor to submit
to the contractor and the agency, a similar plan ensuring services to clients will not be interrupted or
suspended by the termination.
2. Termination Because of Lack of Funds
In the event funds to finance any agreements and/or contracts under this contract become unavailable,
the agency may terminate the affected agreements and/or contracts upon no less than twenty -four (24)
hours notice in writing to the contractor. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. The agency shall be the final authority as to the
availability of funds.
3. Termination for Breach
Unless the breach is waived by the agency in writing, or the contractor fails to muse the breach within the
time specified by the agency, the agency may, by written notice to the contractor, terminate any and all
of the agreements and/or contracts incorporating this contract by reference upon no less than twenty -four
(24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person
with proof of delivery. If applicable, the agency may employ the default provisions in section 60A-
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1.006(3), F.A.C. Waiver of breach of any provisions of any one agreement and/or contract covered by
this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of other agreements and/or contracts covered under this contract. The
provisions herein do not limit either parties' right to remedies at law or to damages of a legal or
equitable nature.
XXVI. Notice and Contact:
1. The name, address and telephone number of the agency for this contract is:
Leigh Wade - Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 3324233 Fax (239) 332 -3596
2. The name, address and telephone number of the contractor for this contract is:
Marcy Krumbine, Director
Collier County Services for Seniors
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774 -8154 Fax(239)774 -3430
3. The name of the contact person, street address and telephone number where financial and administrative
records are maintained:
Marcy Krumbine, Director
Collier County Services for Seniors
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774.8154 Fax (239) 774 -3430
XXVII. Renegotiation or Modification:
1. Modifications of provisions of this contract and of any and all agreements and/or contracts incorporating
this contract by reference shall only be valid when they have been reduced to writing and duly signed by
both parties. The parties agree to renegotiate this contract and any affected agreements and/or contracts
if revisions of any applicable laws or regulations make changes in this contract necessary.
2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreements and/or
contracts incorporating this contract by reference only when these have been established through the
appropriations process. The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature.
XXV111 Special Provisions:
The Contractor agrees to the following provisions:
A. Property & Equipment
1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of
more than one year and an acquisition cost which equals or exceeds the lesser of (a) the
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capitalization level established by the organization for the financial statement purposes or (b);
nonexpendable, tangible personal property of a nonconsumable nature with an acquisition cost of
$1000 or more per unit, and expected useful life of at least one year; and hardback bound books not
circulated to students or the general public, with a value or cost of $250 or more (for state funds).
2. Contractors and subcontractors who are Institutions of Higher Education, Hospitals, and Other
Non -Profit Organizations shall have written property management standards in compliance with
Part 215 ( formerly OMB Circular A -110) that include: (a) a property list with all the elements
identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at
least once every two years. The property records must be maintained on file and shall be provided to
the agency upon request.
3. The contractor's property management standards for equipment acquired with Federal funds and
federally -owned equipment shall include accurately maintained equipment records with the
following information.:
(i) A description of the equipment.
(ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or
other identification number.
(iii) Source of the equipment, including the award number.
(iv) Whether title vests in the contractor or the Federal Government.
(v) Acquisition date (or date received, if the equipment was furnished by the Federal Government)
and cost.
(vi) Information from which one can calculate the percentage of Federal participation in the cost of
the equipment (not applicable to equipment furnished by the Federal Government).
(vii) Location and condition of the equipment and the date the information was reported.
(viii) Unit acquisition cost.
(ix) Ultimate disposition data, including date of disposal and sales price or the method used to
determine current fair market value where a contractor compensates the Federal awarding
agency for its share.
4. Equipment purchased with federal funds with an acquisition cost over $5,000 and equipment
purchased with state funds with an acquisition cost over $1,000 that is specifically identified in the
service provider application approved by the agency is part of the cost of carrying out the activities
and functions of the grant awards and Title (ownership) will vest in the contractor. Equipment
purchased under these thresholds is considered supplies and is not subject to property standards.
Equipment purchased with funds identified in the budget attachments to agreements covered by this
contract, or identified in the subcontracts with subcontractors (not included in a cost methodology),
is subject to the conditions of section 273, F.S.
5. Real property means land (including land improvements), buildings, structures and appurtenances
thereto, but excludes movable machinery and equipment. Real property may not be purchased with
state funds through agreements covered under this contract without the prior approval of the agency.
Real property purchases from state funds can only be made through a fixed capital outlay grants and
aids appropriation and therefore are subject to the provisions of section 216.348, F.S.
6. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted
and tested prior to disposal to ensure no confidential information remains.
7. Information Technology Resources
The contractor must adhere to the agency's procedures and standards when purchasing Information
Technology Resources (ITR) as part of any agreements and/or subcontracts incorporating this
contract by reference. An ITR worksheet is required for any computer related item costing
$1,000.00 or more, including data processing hardware, software, services, supplies, maintenance,
13
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Sao 2007 GR Master Contract or23, 2008
training, personnel and facilities. The completed rfR worksheet shall be maintained in the LAN
administrator's file and must be provided to the agency upon request. The contractor has the
responsibility to require any subcontractors to comply with the agency's IM procedures.
B. Copyright Clause
The contractor may copyright any work that is subject to copyright and was developed, or for which
ownership was purchased, under any agreement(s) incorporating this contract by reference. The agency
reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the
work for state and federal purposes, and to authorize others to do so. Other rights of the agency and
contractor are described in section 286.021, F.S.
C. Investigation of Criminal Allegations
Any report that implies criminal intent on the part of the contractor or any subcontractor and referred to
a governmental or investigatory agency must be sent to the agency. If the contractor has reason to
believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United
States Attorney's Office, or other governmental agency, the contractor shall notify the agency
immediately and the agency will notify the Inspector General at the Department of Elder Affairs
immediately. A copy of all documents, reports, notes or other written material concerning the
investigation, whether in the possession of the contractor or subcontractor, must be sent to the agency
and the department's Inspector General with a summary of the investigation and allegations.
D. Disaster
In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive
Emergency Management Plan, the agency may exercise authority over a lead agency or subcontractor to
implement preparedness activities to improve the safety of the elderly in the threatened area and to
secure lead agency and service provider facilities to minimize the potential impact of the event. These
actions will be within the existing roles and responsibilities of the area agency and its subcontractor.
In the event the President of the United States or Governor of the State of Florida declares a disaster or
state of emergency, the agency may exercise authority over a lead agency or subcontractor to implement
emergency relief measures and/or activities.
In either of these cases, only the Emergency Coordinating Officer, the Executive Director or his/her
designee of the agency shall have such authority to order the implementation of such measures. All
actions directed by the agency under this section shall be for the purpose of ensuring the health, safety
and welfare of the elderly in the potential or actual disaster area.
E. Volunteers
The contractor will promote the use of volunteers as prescribed in section 430.07, F.S. In addition, the
contractor will increase the use of volunteers in each county by providing training, technical assistance
and funding, where possible, to support volunteer efforts of their service subcontractors.
F. Management Information Systems
For all program agreements and/or contracts incorporating this contract by reference for which
collection of client data in electronic format (CIRTS, for example) is required:
14
2007 GR
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9P ]Of 72
1. The contractor will ensure the collection and maintenance of client and service information on a
monthly basis from the Client Information Registration and Tracking System ( CIRTS) or any such
system designated by the agency. Maintenance includes valid exports and backups of all data and
systems according to agency standards.
2. The contractor will require subcontractors to enter all required data per the department's CIRTS
Policy Guidelines for clients and services in the CIRTS database. The data must be entered into the
CIRTS before the subcontractors submit their request for payment and expenditure reports to the
contractor. The contractor shall establish time flames to assure compliance with due dates for the
requests for payment and expenditure reports to the agency.
3. The agency will require subcontractors to run monthly CIRTS reports and verify client and service
data in the CIRTS is accurate. This report must be submitted to the contractor with the monthly
request for payment and expenditure report and must be reviewed by the agency before the
contractor's request for payment and expenditure reports can be approved by the agency.
4. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency
enacting the "Enforcement" clause of this contract (see Section XXIV), including delaying or
withholding payment until the problem is corrected.
5. Computer System Backup and Recovery
Each contractor and subcontractor, among other requirements, must anticipate and prepare for the
loss of information processing capabilities. The routine backing up of all data and software is
required to recover from losses or outages of the computer system. Data and software essential to
the continued operation of contractor functions must be backed up. The security controls over the
backup resources shall be as stringent as the protection required of the primary resources. It is
recommended that a copy of the backed up data be stored in a secure, offsite location. The
contractor shall maintain written policies and procedures for computer system backup and recovery
and shall have the same requirement in its contracts and/or agreements with subcontractors. These
policies and procedures shall be made available to the agency upon request.
G. Consumer Outcomes
1. The contractor will develop client outcome measures consistent with those developed by the agency.
2. The agency and the contractor will be responsible for achieving targets set by the legislature for
performance based program budgeting and will incorporate said targets into sub- agreements and/or
subcontracts as necessary.
H. Use of Service Dollars/ Wait List Management:
The contractor is expected to spend all federal state and other funds provided by the agency, for the
purpose specified in each contract. The contractor must manage the service dollars in such a manner so
as to avoid having a wait list and a surplus of funds at the end of the year, for each program managed by
the contractor. If the agency determines that the contractor is not spending service dollars accordingly,
the agency may transfer funds to other lead agencies/contractors during the year and/ or adjust
subsequent funding allocations accordingly, as allowable under state and federal law.
L Surplus/Deficit Report:
The contractor will submit a consolidated surplus/deficit report in a format provided by the agency to the
agency's contract manager by the 18th of each month. This report is for all agreements and/or contracts
between the lead agency and the agency. The report will include the following:
15
Item # 16D4
SED 2007 GR Master Contract 0f 72' 2008
1. a list of all subcontractors and their current status regarding surplus or deficit;
2. the contractor's detailed plan on how the surplus or deficit spending exceeding the threshold
specified by the agency will be resolved;
3. recommendations to transfer funds to resolve surplus/deficit spending;
4. number of clients currently on Assessed Prioritized Consumer List (APCL) that receive a priority
ranking score of 4 or 5; and
5. number of clients currently on the APCL designated as Imminent Risk.
IN WITNESS THEREOF, the parties hereto have caused this 0 page contract to be executed by their undersigned
officials as duly authorized.
LOgf
ATTEST: �` ".. ....
,,c z�
DWIGHT E. BROCj, Clerk ..
Lo
Deputy ClerIC M4$'to Chairman
s oymmure on l
Approved as to form and
legal sufficiency
Robert N. ZaAfary
Assistant County Attorney
IT
[Print Name]
[Print Name]
FEDERAL ID NUMBER: 59- 6000558
(Revised October 2006)
• I 111keloWsm
• 1' ' • Y • 'All
1 •
Date; December 31, 2006
AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC.
JO {OEHI R Bc d ]?resider
Date: December 31, 2006
16
Item # 16D4
2007 GR Master Contract Prof 72 2008
ATTACHMENT I
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any state or federal agency, a member of
congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee
of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of
congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans and cooperative
agreements) and that all sub - contractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed
by section 1352, Title )1, U.S. Cytie. any peI on who fails to file the required certification shall be subject to a civil
penalty of not less $10,0 an $100,000 for each such failure.
Signature
Date
_James Coletta Chairman 203.M107
Name of Authorized Individual Application or Agreement Number
Collier County Housing and Human Services
Name and Address of Organization
Approved as to form and
legal s
RoBert N. zp&kry
Assistant County Attorney
DOEA Form 103
(Revised Nov 2002)
oa .4� Jy���+rnX•�-�o�M1
2007 GR
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION AGREEMENTS /SUBAGREEMENTS
Item # 16D4
Master Contract F�
MOM r 23, 2008
age of 72
ATTACHMENT B
1. Each contractor of federal financial and non - financial assistance that equals or exceeds $100,000 in federal
monies must sign this debarment certification prior to agreement execution. Independent auditors who audit
federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the
Area Agency on Aging for Southwest Florida, Inc, nor its agreement contractors can contract with
subcontractors if they are debarred or suspended by the federal government.
2. This certification is a material representation of fact upon which reliance is placed when this contract is entered
into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal
Government may pursue available remedies, including suspension and/or debarment.
3. The contractor shall provide immediate written notice to the grant manager at any time the contractor learns that
its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in
this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the grant manager
for assistance in obtaining a copy of those regulations.
5. The contractor further agrees by submitting this certification that, it shall not knowingly enter into any
subagreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this contract unless authorized by the Federal Government.
6. The contractor further agrees by submitting this certification that it will require each subcontractor of
agreements and/or contracts referencing this contract whose payment will equal or exceed $100,000 in federal
monies, to submit a signed copy of this certification with each subagreement.
7. The Area Agency on Aging for Southwest Florida, Inc. may rely upon a certification by a
contractor /subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from
contracting /subcontracting unless the department knows that the certification is erroneous.
8. The contractor may rely upon a certification by a subcontractor entity that it is not debarred, suspended,
ineligible, or voluntarily excluded from contracting /subcontracting unless the contractor knows that the cer
tification is erroneous.
9. The signed certifications of all subcontractors shall be kept on file with contractor.
DOFA FORM 112A
(Revised Fchmmy 2004)
E
2007 GR
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION AGREEMENTS/SUBAGREEMENTS
Item # 16D4
Master Contract ypr 23, 2008
F�a�j of 72
This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension,
signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages
20360 - 20369).
(1) The prospective contractor certifies, by signing this certification, that neither he nor his principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
contracting with the Area Agency on Aging for Southwest Florida, Inc. by any federal department or agency.
(2) Where the prospective contractor is unable to certify to any of the statements in this certification, such
prospective contractor shall attach an explanation to this certification.
Signature
Name and Title of Authorized Individual
(Print or type)
Name of Organization
DOEA FORM I1211
(RwiW AWi12001)
19
Item # 16D4
2007 GR Master Contract f 72' 2008
ATTACHMENT III
Audit Attachment
The administration of funds awarded by the agency to the contractor, and the sub - contractor through contracts with
the contractor, may be subject to audits and/or monitoring by the agency and other authorized state personnel or
federal personnel as described in this section.
Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by agency
staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into
this contract, the contractor agrees to comply and cooperate with any monitoring procedures /processes deemed
appropriate by the agency. In the event the agency detemvnes that a limited scope audit of the contractor is
appropriate, the contractor agrees to comply with any additional instructions provided by the agency to the
contractor regarding such audit. The contractor further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Chief Financial Officer, Department of Financial
Services, Auditor General or federal personnel.
OTHER REQUIREMENTS
If the contractor is a non -profit organization, the Oath of Not for Profit Status form (E)GMrr 2 of this attachment)
must be completed and returned to the agency with the signed contract
Audits
PART I: FEDERALLY FUNDED
This part is applicable if the contractor or subcontractor is a State or local government or a non - profit organization as
defined in OMB Circular A -133, as revised.
1. In the event that the contractor or subcontractor expends $500,000 or more in Federal awards in its fiscal year,
the contractor or subcontractor must have a single or program- specific audit conducted in accordance with the
provisions of OMB Circular A -133, as revised. Federal funds awarded through the agency by this contract, if
any, are indicated in section II. A. of the agreement(s) and/or contract(s) covered by this contract. In
determining the Federal awards expended in its fiscal year, the contractor or subcontractor shall consider all
sources of Federal awards, including Federal funds received from or passed through the agency. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established
by OMB Circular A -133, as revised. An audit of the contractor or subcontractor conducted by the Auditor
General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this
part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the contractor or subcontractor shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
20
2007 GR
Item # 16D4
Master Contrat7?3, 2008
iF 72
3. If the contractor or subcontractor expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. ththe
event that the contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit
must be paid from non - Federal funds (i.e., the cost of such an audit must be paid from contractor resources
obtained from other than Federal entities).
4. Information regarding audit requirements contained in OMB Circular A -133 and section 215.97, F.S.,
can be obtained from the following web - sites:
http://www.whitehouse.wvbmblcirculars/
and:
httr)://www.leiz.state.fl.us/
PART II: STATE FUNDED
This part is applicable if the contractor is a non -state entity as defined by section 215.97, F.S..
1. In the event that the contractor expends a total amount of State awards (i.e., State financial assistance
provided to the contractor to carry out a State project) equal to or in excess of $500,000 in any fiscal year of
such contractor, the contractor must have a State single or project- specific audit for such fiscal year in
accordance with section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer, Department of Financial Services, and Chapter 10.600, Rules of the Auditor General. State
grants and aids amounts awarded through the agency by this contract are indicated in section H. A. of the
agreement(s) and/or contracts of which this contract is an attachment. In determining the State awards
expended in its fiscal year, the contractor shall consider all sources of State awards, including State funds
received from the agency, other state agencies, and other nonstate entities except that State awards received
by a non -state entity for Federal program matching requirements shall be excluded from consideration.
2. In connection with the audit requirements addressed in Part II, paragraph 2, the contractor shall ensure that the
audit complies with the requirements of section 215.97, F.S.. This includes submission of a reporting
package as defined by section 215.97, F.S., and Chapter 10.550 (local governmental entities) or 10.650
(nonprofit and for - profit organizations) Rules of the Auditor General, to include an auditor's examination
attestation report, management assertion report (alternatively, management's assertion may be included in the
management representation letter), and a schedule of State financial assistance.
3. The auditor's examination attestation report must indicate whether management's assertion as to compliance
with the following requirements is fairly stated, in all material respects: activities allowed or unallowed;
allowable costs/cost principles; matching (if applicable), and; reporting.
4. If the contractor expends less than $500,000 in State awards in its fiscal year, an audit conducted in
accordance with the provisions of section 215.97, F.S., is not required. In the event that the contractor
expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from non -State
funds (i.e., the cost of such an audit must be paid from the contractor's resources obtained from other than
State entities).
PART III: REPORT SUBNIISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this attachment shall be submitted, when required by section .320 (d), OMB Circular
21
2007 GR
Item # 161D4
Master Contra p,23, 2008
S'ift•72
A -133, as revised, by or on behalf of the contractor directly to each of the following within 45 days of receipt
of the report but no later than nine (9) months of contractor's fiscal year end:
A. The Area Agency on Aging for Southwest Florida, Inc. at the following address:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 3324233 Fax (239) 332 -3596
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies
required by sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass - through entities in accordance with sections .320 (e) and (f), OMB
Circular A -133, as revised.
2. The contractor shall submit a copy of the reporting package described in section .320 (c), OMB Circular A-
133, as revised, and any management letters issued by the auditor, to the agency at the following address
within 45 days of receipt of the report but no later nine (9) months of contractor's fiscal year end:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 332 -4233 Fax (239) 332 -3596
3. Copies of audits and reporting packages required by PART 11 of this attachment shall be submitted by or on
behalf of the contractor directly to each of the following within 45 days of receipt of the report but no later
than nine (9) months of contractor's fiscal year end:
A. The Area Agency on Aging for Southwest Florida, hie. at the following address:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 3324233 Fax (239) 332 -3596
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302 -1450
22
2007 GR
Item # 16D4
Master Contra rr,te�,, 3, 2008
$S" 72
4. Any reports, management letters, or other information required to be submitted to the agency pursuant to this
attachment shall be submitted timely in accordance with OMB Circular A -133, section 215.97 F.S., and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable and should indicate the date that the reporting package was delivered to the
contractor in correspondence accompanying the package.
5. Contractors, when submitting the financial reporting packages to the agency, should indicate the date that the
audit report was delivered to the contractor in correspondence accompanying the audit report.
PART IV: RECORD RETENTION
The contractor shall retain sufficient records demonstrating its compliance with the terms of this attachment for a
minimum period of five (5) years from the date the audit report is issued or longer if requested by the agency in
writing, and shall allow the agency or its authorized designee, and the Chief Financial Officer, Department of
Financial Services or Auditor General access to such records upon request. The contractor shall ensure that audit
working papers are made available to the agency or its designee, and the Chief Financial Officer, Department of
Financial Services or Auditor General upon request, for a minimum period of five (5) years from the date the
audit report is issued, or may need to be longer if requested in writing by the agency.
PART V: SPECIFIC REQUIREMENTS OF AGENCY ADMINISTERED PROGRAMS
1. The agency requires a supplemental schedule of fimctional expenses be prepared in a format provided by the
agency, which presents costs by service (as defined by the agency), including units of service delivered, for
contractors or subcontractors expending state or federal awards for services performed by their employees,
contractors, and other payees who receive payment from agency - administered funds for units of service
recorded in the department's Client Registration and Tracking System (CIRTS). This supplemental schedule
shall be prepared using the same methodology as used in determining the contractual rates. Government
entities are excluded from this requirement.
2. If an audit is not required or performed, the head of the contractor entity or organization must provide a
written attestation, under penalty of perjury, that the contractor has complied with the allowable cost
provisions (congruent with the Reference Guide for State Expenditures and Cost Principles 225 (A -87) and
230 (A -122, and Federal Acquisition Regulation 31.2, whichever is applicable). EXHIBIT 1 to this
attachment provides an example attestation document that should be used by the agency head or authorized
signatory for contracts to attest to compliance with these provisions.
3. Interest earned on federal fonds or general revenue funds must be returned to the agency. A chart is included
in all contracts identifying the funding source(s), program titles, applicable CFDA or CSFA numbers and the
amount of funds granted.
4. Specific requirements for match, co- payments, and program income applicable to programs administered by
the agency are outlined in the following applicability chart. Brief definitions of terms used in the chart are
included.
(Revised FeMuauy 2004)
23
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Item # 161D4
September 23, 2008
Paqe 66 of 72
d
C,
2007 GR
APPLICABILITY CHART
AAA. Area Agency on Aging
Item # 16D4
Master Contrac2310-09M , 2008
Program Income. Program income means gross income earned by a contractor from activities which are
supported by a grant; i.e., when at least some of the cost of the activity is a direct cost of the grant or indirect cost
which helps match requirements of the grant. Program income includes contributions for meals or other
supportive services, proceeds from the sale of tangible personal property purchased for the program, fees for the
usage or rental of such property, and patent or copyright royalties for materials developed through the program.
Revenue generated from a particular activity of the contractor /subcontractor for which Agency funds were used
to cover at least half the cost is considered program income. Note: Money donated (cash donation) without
earmark to the project by the donor should not be declared in an audit to be "program income"
Cash Donations. Cash donations are money donated without earmark to the project by the donor. These
donations, when used as match, cannot be earmarked for any specific expenditure but are to be budgeted
normally. Cash donations are not program income.
Match. When general revenue funded agreements require match, it may be either by cash, certified public
expenditure, or third -party in -land. The non - federal share used to match OAA funds may be cash, certified public
expenditure, or third -party in -kind.
Co-payments. Fees assessed and collected according to a sliding scale based on the client's income for CCE and
ADI services.
In -kind Resources. In -kind resources must be identified in project records, necessary to project's achievement,
reasonable and in proportion to time used for project, claimed after use in the project and, not included as
contributions for other programs unless specifically allowed.
In -kind contributions represent a value placed on noncash contributions provided to the contractor of an
agreement. In -kind contributions may consist of actual charges for real property and equipment, and the value of
goods and services that directly benefit and are identified with project activities. This may include staff time
contributed by state and local agencies not otherwise matched or supported by federal funds.
Item # 16D4
2007 GR Master Contras 72 2008
ATTACHMENT III
EXHIBIT -1
MANAGEMENT ATTESTATION LETTER
(To be completed at the end of contractor or sub - contractor's fiscal year)
Contract or Agreement Number:
hereby attest under penalty of perjury
(contractor's authorized representative)
that , based on the criteria
(contractor agency name)
set forth in the department's Audit Attachment, PARTS I and 11, that:
A. The above named contractor agency is not required to provide an audit report or reporting package because
(check applicable statement(s)]:
the above -named entity has not expended $500,000 or more in total federal awards in its fiscal year and
therefore is not required to have a single or program - specific audit performed in accordance in OMB
Circular A -133, as revised, and/or;
the above -named entity has not expended a total amount equal to or in excess of $500,000 in state
awards in its fiscal year and therefore is not required to have a State single or program - specific audit in
accordance with section 215.97, Florida Statutes.
B. The contractor has complied with the allowable cost provisions (congruent with State and Federal law,
generally accepted accounting principles, the Department of Financial Services' Reference Guide for State
Expenditures, and Office of Management and Budget (OMB) Cost Principles 225 (A -87) and 230 (A -122),
Federal Acquisition Regulation 31.2 and Part 215 (formerly OMB Circular A -110), whichever is applicable].
By making this statement the contractor has considered not only funding or awards from the department, but
all sources of Federal and State funding or awards.
Fiscal year ended
(Month, day, year)
(Signature)
(Title)
(Date)
OR
2007 GR
Oath of Not for Profit Status
Contract or Agreement Number:
Item # 16D4
Master Contra43, 2008
72
ATTACHMENT III
Exhibit - 2
As an authorized representative for the Contractor identified herein, and in the above referenced document(s), I do
hereby swear under oath that this entity is currently a "not for profit' (non -profit) organization as defined in
section 501(c)(3) of the Internal Revenue Code. If this non -profit status changes for any reason during the life of
the above referenced contract or agreement, the Area Agency on Aging for Southwest Florida, Inc. will be
notified in writing immediately.
Name of Contractor entity
Signature of Authorized Representative
Printed name and Title of Authorized Representative
Date of Oath
(Revised Februny 2004)
27
2007 GR
Item # 16D4
Master Contra - 72 23, 2008
ATTACHMENT IV
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR AGREEMENTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
The undersigned, an authorized representative of the contractor named in the contract or agreement to which this
form is an attachment, hereby certifies that:
(1) The contractor and any sub - contractors of services under this contract have financial management systems
capable of providing certain information, including: (1) accurate, current, and complete disclosure of the
financial results of each grant- funded project or program in accordance with the prescribed reporting
requirements; (2) the source and application of funds for all contract supported activities; and (3) the
comparison of outlays with budgeted amounts for each award. The inability to process information in
accordance with these requirements could result in a return of grant fiords that have not been accounted for
properly.
(2) Management hrfonnation Systems used by the contractor, subcontractor(s), or any outside entity on which
the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and
verified to be capable of processing data accurately, including year -date dependent data. For those systems
identified to be non - compliant, contractor(s) will take immediate action to assure data integrity.
(3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip
technology, the undersigned warrants that these products are capable of processing year-date dependent data
accurately. All versions of these products offered by the contractor (represented by the undersigned) and
purchased by the State will be verified for accuracy and integrity of data prior to transfer.
In the event of any decrease in functionality related to time and date related codes and internal subroutines
that impede the hardware or software programs from operating properly, the contractor agrees to immediately
make required corrections to restore hardware and software programs to the same level of fimctionality as
warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time
being of the essence.
(4) The contractor and any sub - contractors) of services under this contract warrant their policies and procedures
include a disaster plan to provide for service delivery to continue in case of an emergency including
emergencies arising from data integrity compliance issues.
The contractor shall require that the language of this certification be included in all subagreements, subgrants, and
other agreements and that all subcontractors shall certify compliance accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by OMB Circular A -102 and CFR Part 215 and Part 215 (formerly OMB cular
Collier County Services for Seniors
3301 Tamiami Trail E 1-1/211 Sfeature
Naples, FL 34112
Appro rm and
L s ci J
Rdixrt N. Yacka6
Assistant County Attorney
M
December 31, 2006
LQJ41"
2007 GR
Item # 16D4
Se to 23, 2008
Master Contragbil3.072
ATTACHMENT V
MINIMUM GUIDELINES FOR CONTRACTOR GRIEVANCE PROCEDURES
APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR
REDUCTIONS IN SERVICE FOR MEDICAID WAIVER CLIENTS
Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families
(RCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures.
NOTICE TO THE MEDICAID WAIVER CLIENTS OF THE ADVERSE ACTION TO BE TAKEN AND
EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION
• The Medicaid Waiver client must be informed by the decision maker of the action, in writing, no less than 10
calendar' days prior to the date the adverse action will be taken.
(Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken
immediately; however, notice must be made as soon thereafter as practicable.)
• Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period.
• The Notice must contain:
a statement of what action is intended to be taken;
the reasons for the intended action;
an explanation of:
1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar' days
of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and
available to the individual);
2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF;
3) the individual's right, after a grievance review, for further appeal;
4) the right to seek redress through the courts if applicable;
a statement that current benefits will continue if a grievance review is requested, and will continue until a
final decision is made regarding the adverse action; and
a statement that the individual may represent himself/herself or use legal counsel, a relative, a friend, or
other qualified representative in the requested review proceedings.
• All records of the above activities must be preserved in the client's file.
GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REOUEST FOR REVIEW
• Within 7 calendar' days of the receipt of a request for review, the provider must acknowledge receipt of the
request by a written statement delivered to the requester. This statement must also provide notice of:
the time and place scheduled for the review;
the designation of one or more impartial reviewers who have not been involved in the decision at issue;
the opportunity to examine, at a reasonable time before the review, the individual's own case record, and to a
copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference at a
reasonable time before or during the review;
a contact person for any accommodations required under the Americans with Disabilities Act; and assistance,
if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted.
• All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial
reviewers who have not been directly involved in the initial determination of the action in question.
29
2007 GR
Item # 16D4
September 23, 2008
Master ContraE1- W8?MG#772
The reviewer(s) must provide written notification to the requester, within 7 calendar* days after the grievance
review, stating:
the decision, the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of
current benefits until all appeals are exhausted;
the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7
calendar* days, except in decisions involving the professional judgement of a legal assistance provider;
the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency;
the opportunity to be represented by himself/herself or by legal counsel, a relative, a friend or other qualified
representative;
for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding
complaints related to the actual legal representation provided.
PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A
WRITTEN APPEAL TO THE AREA AGENCY ON AGING
Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must
acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement
must also provide notice of
the time and place scheduled for the appeal;
the designation of one or more impartial AAA officials who have not been involved in the decision at issue;
the opportunity to examine at a reasonable time before the appeal the individual's own case record to date,
and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference during the
appeal; assistance, if needed, in order to attend the appeal; and the stopping of the intended action until all
appeals are exhausted.
• All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more
impartial AAA officials who have not been directly involved in the initial determination of the action in
question.
The designated AAA official(s) must provide written notification to the requester within 7 calendar* days
after considering the grievance review appeal, stating:
the decision, and the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of
current benefits until all appeals are exhausted;
the individual's right to appeal, if applicable.
• Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision;
and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as
required by the ADA.
• All records of the above activities must be preserved and remain confidential. A copy of the final decision
must be placed in the client's file.
* In computing any period of time prescribed or allowed by these guidelines, the last day of the period so
computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run
until the end of the next day which is neither a Saturday, Sunday, or legal holiday.
30